Disturbing neighbors (Oak Park: hardwood floors, apartment, lease)

[LoveGumbo]

Hello all.
I've upstairs neighbors that are driving me crazy. The tenant directly above me has someone, not on the lease agreement, living with him and is constantly rocking in a chair 10 - 14 hours per day over the last couple of months. It's creating the same effect as a Chinese water drop torture method and making me loose my mind at times. Does anyone know if that person has a right to live there when she is not on the lease agreement and what action I might take?
Thank you for your advice.

[BRU67]

Originally Posted by LoveGumbo

Hello all.
I've upstairs neighbors that are driving me crazy. The tenant directly above me has someone, not on the lease agreement, living with him and is constantly rocking in a chair 10 - 14 hours per day over the last couple of months. It's creating the same effect as a Chinese water drop torture method and making me loose my mind at times. Does anyone know if that person has a right to live there when she is not on the lease agreement and what action I might take?
Thank you for your advice.

I know the feeling. I lived below some subsidized tenants in Oak Park for awhile that had a passion for basketball -- as in playing basketball on the hardwood floors of their 600 square foot studio at 2 a.m. on a Wednesday. Not pleasant. I complained directly to them and the landlord. Fortunately, they weren't as passionate about working and paying rent as they were about the game so they were gone within a couple of months.

Good luck getting the person evicted for "not [being] on the lease agreement," whatever you mean by that. To my knowledge, a person does not have to be a party to a lease to live in a residential space. If the tenant lets him/her stay there, that's the end of the story, unless the person is exceeding the maximum occupancy regulations in the zoning code. And even then good luck getting them out. You could talk to the neighbor and suggest that they throw a nice rug under that chair, or you could buy them one from Pottery Barn as a gift. Or, if you're not comfortable doing that, have your landlord suggest this. Beyond that, not a lot you can do, except move.

[irish setter girl]

Every apartment lease is different. There are some places where you can not have anyone not on the lease live there. MY BIL had a terrible time getting his wife added to the lease after they were married. They did a full credit check and she had to apply to get on the lease. The allowed her to be added but said if she didn't pass "inspection" he would have to move (or keep her their illegally and pay a fine). Check with your lease to see what they say about long term guests.

[firefightermom]

Every apartment I ever rented had a clause in the lease agreement about no one else being able to reside in the apartment except those listed on the lease...I would try to be friendly first and mention it to the person on the lease to see if they could somehow smother the noise, but if they aren't receptive, definitely check your lease and then contact your landlord.

[LoveGumbo]

Originally Posted by irish setter girl

Every apartment lease is different. There are some places where you can not have anyone not on the lease live there. MY BIL had a terrible time getting his wife added to the lease after they were married. They did a full credit check and she had to apply to get on the lease. The allowed her to be added but said if she didn't pass "inspection" he would have to move (or keep her their illegally and pay a fine). Check with your lease to see what they say about long term guests.

Hi irish setter girl. I reviewed my lease agreement a few moments ago and found item 7 of 15 conditions to be of use. It reads "If Tenant wishes people not listed on this lease agreement to live in apartment, written permission must be received from the Landlord. Persons living in this apartment are ______________." This tells me that the woman living above me with the male tenant is living there illegally since the landlord orginally told me that the woman was not on the lease. I'll keep this in mind in case the rocking issue can not be resolved. Thank you very much!

[LoveGumbo]

Originally Posted by BRU67

I know the feeling. I lived below some subsidized tenants in Oak Park for awhile that had a passion for basketball -- as in playing basketball on the hardwood floors of their 600 square foot studio at 2 a.m. on a Wednesday. Not pleasant. I complained directly to them and the landlord. Fortunately, they weren't as passionate about working and paying rent as they were about the game so they were gone within a couple of months.

Good luck getting the person evicted for "not [being] on the lease agreement," whatever you mean by that. To my knowledge, a person does not have to be a party to a lease to live in a residential space. If the tenant lets him/her stay there, that's the end of the story, unless the person is exceeding the maximum occupancy regulations in the zoning code. And even then good luck getting them out. You could talk to the neighbor and suggest that they throw a nice rug under that chair, or you could buy them one from Pottery Barn as a gift. Or, if you're not comfortable doing that, have your landlord suggest this. Beyond that, not a lot you can do, except move.

Hello BRU67,
I'm glad to hear that you were able to have those idiots playing basketball above you evicted. I will consider purchasing a nice throw rug after speaking to the landlord. I received another comment/suggestion from "irish setter girl" to review my lease agreement, which I did and discovered item 7 of 15 conditions to be of use. It reads "If Tenant wishes people not listed on this lease agreement to live in apartment, written permission must be received from the Landlord. Persons living in this apartment are ______________." This tells me that the woman living above me with the male tenant is living there illegally since the landlord originally told me that the woman was not on the lease. But I will still have a discussion with the landlord in an attempt to resolve this rocking issue.

I additionally spent about $30 on the internet with one of those advise sites for legal issues from lawyers, some of whom may be retired, and received some good advise. One retired attorney said that I have the right to sue both the landlord and the tenant for "breach of the covenant" if the landlord fails to resolve the disturbance issue within a timely manner. Consequently, after having left a voice mail on the landlord's answering machine without a response, I've sent a certified letter describing the noise condition and possible remediation. The landlord via USPS just received notice of the certified letter yesterday. So I'm simply waiting for notification of acceptance at this point.

Thank you very much for your help/advise as well!

[LoveGumbo]

Originally Posted by firefightermom

Every apartment I ever rented had a clause in the lease agreement about no one else being able to reside in the apartment except those listed on the lease...I would try to be friendly first and mention it to the person on the lease to see if they could somehow smother the noise, but if they aren't receptive, definitely check your lease and then contact your landlord.

Hi firefightermom,
I received another comment/suggestion from "irish setter girl" to review my lease agreement similar to yours, which I did and discovered item 7 of 15 conditions to be of use. It reads "If Tenant wishes people not listed on this lease agreement to live in apartment, written permission must be received from the Landlord. Persons living in this apartment are ______________." This tells me that the woman living above me with the male tenant is living there illegally since the landlord originally told me that the woman was not on the lease. But I will still have a discussion with the landlord in an attempt to resolve this rocking issue.

It the past when I first moved in about a year ago, I could tell that the folks living above me are not receptive since I said "Hello" when they were walking up the stairs without a response. At this point, I am attempting to resolve the rocking issue through the landlord in an amicable manner. And only as a last result, I will probably have to sue as well as relocate.

Thank you very much for your help/advise as well!