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Old 04-09-2009, 08:02 PM
 
53 posts, read 406,973 times
Reputation: 48

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I've lived on the top floor of an apartment complex for about 6 months with no issues. I recently switched apartments, this time on the 2nd floor. I've lived here 3 weeks and have already received two noise complaints for "walking heavy" and "walking heavy when coming in at late night or early morning hours".

I've been walking "normally" as I always have. I suppose if I weighed less I would not walk as "heavy". I usually am not at home and at work or on travel. Infact, in that 3 weeks span, I've been away on travel for almost half of that time. I've been pretty busy with work and travel so I certainly have not been out late or coming back in the early morning anytime recently. When I get home from work I usually continue working at my computer or watch tv (not much walking), then goto bed (also no walking). My apartment building does have pretty thin walls and floors, I can hear the people above me walking around and even people walking around in the hallway outside.

Their letter asked me to keep me to keep the noise level at a level that will not disturb the neighbor and even said that everyone has different levels of tolerance to noise. It seems to me to me that my neighbor has a very low tolerance and it would be impossible for me to keep my noise level low enough to not disturb them (especially if their complains may have occured while I was not present).

I've tried knocking on their door or catching my neighbor to talk to them by they seem to never be at home or answer the door (also ironic)

I will talk to my landlord tomorrow but am wondering if anyone has any tips. What is the worst case scenerio for me. Can my landlord evict me for this? Isn't it their burden of proof to prove that I am making too much noise? I assume this kind of thing happens all the time so there must be some legal test for how much noise is too much.
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Old 04-09-2009, 08:19 PM
 
Location: taxed out of NJ
137 posts, read 493,408 times
Reputation: 66
I also had a very noise-sensitive roommate in college. Even the sound of closing door (not the "bam" but the click sound by the door knob) would be annoying to my roommate. My roommate even called the police TWICE in the same night for some lady 3 floors down in the other building across the alley, just because the lady was watching TV and laughing late at night, while I heard nothing at all. (Those buildings were solid.) She was still angry the next day when she told me about it.

Then I moved to another place and I lived above a very noise-sensitive man, in a hardwood floor apartment. The man was friendly at first and warned me in advance about noise when I was moving in. Although I was being very careful, I did get a lot of noise complaint from my downstairs neighbor (we talked directly and he also complained thru landlord), to the point that his bloodshot eyes stared at me angrily everytime he saw me. (Scary!) Believe me, I tried everything, even buying area rug, no help. I talked to the landlord, who said that the man complained about EVERY one who ever lived above him, so I guess it's him and the thin floor/ceiling. The only solution was moving out. These people are pain in the neck. I will not live with/above anyone, anymore. I just don't think it's fair for other people live under the pressure of under a drill sergeant in order to cater to their sensitive ears and hyper-anger. If they are really annoyed by noise, they know it and they should have rented an upstairs apartment.

In these economic times I doubt the landlord will evict you. But definitely talk to the landlord to present your side of the story. Worst case scenario - pray that those people downstairs don't have a gun. From my experience this is more anger issue than ear issue. (i.e. my mother is sensitive to noise too but she is not angry about it.) Good luck.

Last edited by lwnj; 04-09-2009 at 08:43 PM..
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Old 04-09-2009, 08:27 PM
 
53 posts, read 406,973 times
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well I guess its good that I'm not here that much. I'll see what the landlord says tomorrow, hopefully its something similar. I actually lived two floors above the apartment manager that wrote me the letter before so maybe that will help. I was just wondering what would happen if she tried to threaten me with eviction or something. I'm pretty sure the burden of proof is on my neighbor to show the noise, but if the landlord really doesnt like me, they might beable to find some technicality to claim I was violating something else.
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Old 04-09-2009, 08:35 PM
 
Location: GA
2,791 posts, read 10,199,113 times
Reputation: 1168
Do you have carpeting? Some leases require a portion of the floors must be covered.
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Old 04-09-2009, 08:37 PM
 
53 posts, read 406,973 times
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Yes the apartment is carpeted with padding except for the kitchen, bathroom and a small area by the front door.
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Old 04-09-2009, 08:51 PM
 
Location: New Jersey
3,861 posts, read 4,251,747 times
Reputation: 3749
hey Lusitan, tell this guy how great life is as a renter !

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Old 04-09-2009, 09:12 PM
 
1,552 posts, read 4,371,849 times
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Quote:
Originally Posted by JG183 View Post
hey Lusitan, tell this guy how great life is as a renter !
Who wrote the letter, the landlord?

Years ago I lived in an apartment in Manhattan with a buddy of mine. We were ideal tenants -- both of us had jobs downtown, got up and went to work around 9am, usually stayed out after work and came home late, never were the type to bring lots of people over or have parties at the house. Ideally tenants, really, especially for a couple of young 20-somethings in the East Village.

One day we received a nasty letter from the tenant downstairs, who I later came to realize was a deranged middle-aged guy who had lived in the building rent controlled for years. He was complaining about all the noise we were making on his ceiling every morning. It took a couple of minutes to understand what his problem was, but apparently as we got dressed for work and walked around for about 15-20 minutes in our dress shoes (things were a bit more formal back then) he found it terribly annoying.

We found it terribly funny. I mean, I'm sorry -- I try to be respectful of others, but I could only laugh at this guy trying to make a big deal out of people simple walking around their apartment in the morning for about 15 minutes before going to work.

We left a similiarly nasty and sarcastic letter on his door the next day. Then we got a letter from the landlord parroting the same complaints about noise from our apartment. We responded via letter and explained our position, invited the landlord to install new linoleum or tile floors in the kitchen and bathroom (the only parts of the apartment that were not covered by carpets) at their expense.

Never heard a peep from either one of them again, lived there another 3 years.

Moral of the story: the squeaky wheel doesn't always get the oil, especially when he's a deranged Manhattanite with unreasonable demands.

Just get your position clearly in writing to the landlord if he is the one who contacted you, and if what you say is true there really should be no problem.

Meanwhile, enjoy all the money you're saving, and the fact that you don't have a ball and chain of a sinking home dragging you underwater and a crushing mortgage debt to pay.
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Old 04-09-2009, 09:19 PM
 
Location: New Jersey
3,861 posts, read 4,251,747 times
Reputation: 3749
Quote:
Originally Posted by Lusitan View Post
Meanwhile, enjoy all the money you're saving, and the fact that you don't have a ball and chain of a sinking home dragging you underwater and a crushing mortgage debt to pay.
this coming from someone who owns 2 houses
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Old 04-09-2009, 09:35 PM
 
1,552 posts, read 4,371,849 times
Reputation: 507
Quote:
Originally Posted by JG183 View Post
this coming from someone who owns 2 houses
Neither bought at the peak of the bubble, or for anywhere near the ridiculous prices even now being asked.

There was no call for you to jump in on this renter to try to make him/her feel bad about renting. I know it's a standard NAR and real estate cheerleader tactic, but it wasn't really called for here. So I figured the least I could do was give a dose of reality and remind the OP why indeed he/she could be happy about being a renter in this market.
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Old 04-09-2009, 09:46 PM
 
Location: New Jersey
3,861 posts, read 4,251,747 times
Reputation: 3749
like you've never stretched the topic of a thread to incorporate your views...
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