*** excessive noise problem **** (Austin, Howe: apartments, renting, tenants)

[macrotrader]

I am renting a high end apartment in Northwest Austin.

A few weeks ago, a new restaurant opened up in what I thought was a residential area of The Domain. The property says there is no noise after 11pm. However, since this restaurant opened up, I have been woken up EVERY NIGHT at 2 AM due to the restaurants employees screaming, howling, and apparently partying after their shift is up. The restaurant has 150+ beers on tap. The customers aren't even as loud.

What rights does a tenant have if this occurs after they move in and their was never any disclosure? It's bizarre that a restaurant was even permitted to open up just below several dozen apartments. What should I do???

I've already complained to the restaurant to no avail. I recently informed management of the apartments but would like to know what recourse may be available if they are also unable to do anything due to the restaurants refusal.

[Trainwreck20]

Well, seems the most sensible first step would be to politely complain to the manager of the restaurant.

[atxcio]

And complain to the apartment management. Both the restaurant and apartment management may not be aware of the problem since it's so new.

As for your rights as a tenant, contact the Austin Tenant's council: Austin Tenants’ Council/Contact

[tickledpink]

I've always found a polite but firm public complaint (like on their Facebook page) has good results.

[macrotrader]

thanks, great idea

[10scoachrick]

But I thought the magical answer to over-crowding, sky-high RE prices and traffic was the all-wonderful mixed use property, especially the retail/restaurant/office first floor with residential units above!!!

You mean it's NOT the panacea we've been told it is??? Who knew???


Sorry for your troubles, OP. Sounds like you've gotten some good advice but are stuck in a difficult situation. Good luck!

[JT-3]

Work with the apartment manager directly, not the restaurant. They will have more leverage especially if your neighbors feel the same way.

[Novacek]

Originally Posted by 10scoachrick

But I thought the magical answer to over-crowding, sky-high RE prices and traffic was the all-wonderful mixed use property, especially the retail/restaurant/office first floor with residential units above!!!

You mean it's NOT the panacea we've been told it is??? Who knew???


Sorry for your troubles, OP. Sounds like you've gotten some good advice but are stuck in a difficult situation. Good luck!

Density is fine.


But if noise is going to bother you, don't move to one of the few late-hours bars in the Domain. Move to one of the thousands of apartments above stuff that closes earlier.

[Novacek]

This is the Brass Tap, I'm assuming?


Unfortunately, in this case I think whoever sold you the apartment sold you a line. The brass tap is open until 2 AM, every day of the week.


https://www.brasstapbeerbar.com/Austin


Expecting "no noise" for the final 3 hours of business doesn't seem realistic. It may/probably isn't staff, but just normal customers. Complaining about noise is like moving next to a club on Red River, and then complaining about noise.

[Trainwreck20]

Originally Posted by Novacek

Expecting "no noise" for the final 3 hours of business doesn't seem realistic. It may/probably isn't staff, but just normal customers. Complaining about noise is like moving next to a club on Red River, and then complaining about noise.

OTOH, if a city noise ordinance applies in the area (and if it appears to be violated), than you can request it be enforced. There is no 'out' for a business 'being there first' or you moving in knowing it was there. A club being built in an area slated for (or already containing) residential has to know that it is unrealistic to be allowed to cause excessive noise.