Obnoxious, loud Neighbor with three boys every weekend (apartment complex, lease, tenant)

[Artsywoman]

I live in an apartment on the side of a main house. It is not a duplex, but considered to be a single family home. The apartments are just attached. There is one other apartment underneath mine. Every weekend the guy downstairs has his three noisy, rude kids over until late Sunday. He blares his TV so loud and the kids are forever screaming and fighting, banging the walls. He is constantly cursing at them. It is the same routine every weekend for about a year. I am finally at my wits end, but cannot afford to move yet. I have contacted the landlord about this numerous times and all they do is call him and tell him to stop, then he does not listen and it starts all over again. The man is on an oxygen and on disability, so they feel bad about evicting him. They say he is dying. They too know he is loud and have also heard him, but I get the brunt of it. He is very rude and non apologetic when confronted. I have been here for a year and pay my rent on time and am quiet and clean. They say how much they like me and that they did not know it bothered me! I have told them over and over. I am on a month to month oral lease and pay monthly. Do I have any rights regarding a peaceful living atmosphere? They finally lied to him and told him that their house is going into foreclosure and he must move. I don't understand why they do not just give him notice regarding the noise and evict him. It has not happened once but every weekend and he has had ample time to get it together. I am trying to move, but need to save money. I am so fed up that I am considering after reviewing the landlord tenant laws in Florida, to withold rent next month. Any suggestions on how to handle this?I am from DC northern Va and know that most landlords would have given him the boot after three complaints.

[pitt_transplant]

I would just suck it up and put all your energy into the move. With the roaches and now the wild bunch. Just call the cops next time and say they are fighting and punching because they are. Maybe he is actually throwing the kid into the wall. Who knows. It doesn't sound like a happy house. Get away from that mojo and the bad LL too. I can see why you are conflicted. But just wash you hands of it and start a new life in hopefully a better place. Its nice that its month to month at least. Call and ask for a reduced rent so you can afford to move sooner.

[Artsywoman]

Originally Posted by pitt_transplant

I would just suck it up and put all your energy into the move. With the roaches and now the wild bunch. Just call the cops next time and say they are fighting and punching because they are. Maybe he is actually throwing the kid into the wall. Who knows. It doesn't sound like a happy house. Get away from that mojo and the bad LL too. I can see why you are conflicted. But just wash you hands of it and start a new life in hopefully a better place. Its nice that its month to month at least. Call and ask for a reduced rent so you can afford to move sooner.

You know, I am looking at a place tomorrow and the the landlord said he would work with me regarding the deposit. It is a mobile home, but appears to be very nice and located in a better area. It has security and does not rent to loud people, felons and sex offenders. This past weekend they were at it again and actually were using the trash can as a frisbee??!! I mean please. Maybe I will ask about that rent reduction. How do I do that? They keep telling me that they wish they could do something for me!

[STT Resident]

I feel for you and hope the new place works out for you. You might remember in future to put any landlord/tenant complaints in writing with a request for a written response. Cheers!

[pitt_transplant]

Originally Posted by Artsywoman

You know, I am looking at a place tomorrow and the the landlord said he would work with me regarding the deposit. It is a mobile home, but appears to be very nice and located in a better area. It has security and does not rent to loud people, felons and sex offenders. This past weekend they were at it again and actually were using the trash can as a frisbee??!! I mean please. Maybe I will ask about that rent reduction. How do I do that? They keep telling me that they wish they could do something for me!

Well if the new guy is going to work with you regarding the deposit. I wouldn't bother. But if you still have to, I would just say that you need to move because you don't want to be a bother to him (current LL) anymore. I would offer up the option to reduce for now and pay the remaining later. Worst thing he can say is no. Call the health department on him. Call the cops on the neighbors.

Next time (yeh i know its hard) do whatever you have to for saving a deposit for the next place even if the LL doesn't take one. Or look for a credit card with cash advance options so you can save half and do a cash advance on the other half. I know its water under the bridge now. But just in case you haven't thought of the credit card deal I thought I would mention it.

[ESFP]

Here's what you can do with any further payments. As you have to pay rent to someone, you can file on your landlord in court for your "quiet enjoyment" and pay your rent to a third party, called a "Rent Escrow". There can be no retribution for this action and the court may return some of the rent to you and pay the landlord what they think he's owed. Here's an example: Rent Escrow Action

[Artsywoman]

Thanks for all the advice, especially the escrow advice. My one problem is that I actually thought that this was a duplex, because there is a main part of the house and my apartment is directly on top of the neighbors. I am from Virginia and I guess I never rented from a private owner, only a rental management company. I do wish I had put those complaints in writing. I usually am good about that, but I also never thought the landlord would put up with it as long as they have. The situation now is that my landlords actually told the neighbor to leave, because their house is in foreclosure, instead of telling him to leave because of noise and unsanitary conditions. I can't understand why they feel so sorry for him. I mean I am nice, but business is business. Could it be that they have done something wrong regarding renting or codes? The house is very old and the only reason my place is nice is that I spent hours fixing it and I am clean. The other parts have peeling paint, broken windows etc. Today, I find out that the landlord is now saying the neighbor has no place to go, so he may stay. I just do not understand this. I told them I was going to leave if he did not!

[whatntheworld]

i feel your pain,im going thru something myself,i have problems with my upstairs,neighborswe've had meetings upon meetings and still having the same problem. common sense just dont ring a bell with her. she's not that bad when she dont have company, im going back to the rental office,i shouldnt have to deal with noise from people not on her lease.

[annerk]

If the noise is that bad--especially if they are outdoors making a racket, call the police.

[mgt04]

Originally Posted by annerk

If the noise is that bad--especially if they are outdoors making a racket, call the police.

Agreed, call the police. I have done so numerous times in my apartment complex in addition to the management staff getting on their case.

But you do have rights...I would not just suck it up anymore especially if you are going to be there for another year.

Check out the state's laws on renting and your rights as a renter too since every state is different.

Good luck and hang in there