excess noise

[MrTomJones]

Originally Posted by Skippy Weaselpants

I have a friend who lives in a townhome in the suburbs. He has a neighbor in an attached unit who is a single gal in her 30s. She has people over late at night and has the music up really, really loud. He said he's talked to her numerous times and also to his HOA board, but it doesn't help. He's even called the police a total of eight times over the past two years, but again, no change.

Here's the kicker - she's a lawyer! You'd think she'd have more respect for people. Yeah - right.

That's the point when I'd start doing stuff like deflating their car's tires, smearing dog **** on their door handle, etc

[OneTimeSEALover]

I use white noise to cover exterior noises I don't like. But one virtue of renting is you can set a limit to what you will stand and relocate if the limit is exceeded. After all, you can scout a location, and you can move in. But nothing ever guarantees the ambient noise will always fit your limit.

[pnwguy2]

As a landlord and also a renter during my life I can understand the frustration. Most leases have a provision that "excessive" noise is not allowed, some with nighttime restrictions only. Unfortunately, the law does not always agree with what "excessive" means. Calling to the police is usually just a short-term solution, they have bigger fish to fry. My experience is complaining to the other tenant gets you nowhere. Hate to say it, but moving is the best solution. And learn how to avoid these type of situations in the future.

[pnwguy2]

Some other thoughts here...

If moving into an apartment complex never move into the middle floor of a three story building. It is a lost cause!

Try to ask neighbors about noise before you sign. The manager will always say it is "quiet". They are salespeople.

Best case, find an apartment/condo with nobody above or below you. Believe me, it will pay off in the long run. Yes, pretty basic stuff here, but you would be surprised how many don't think about these issues.

[Cinema Cat]

Originally Posted by tonypas

there has been placed a health gym below my apt. and is very noisey . i have complained many times ; but no one is listening. when they installed this gym they failed to do any sound proofing ,no acoustical tile on ceilnig or walls. how can i grab their attention, can not afford a lawyer,ca you suggest help? respectfully, tonypas.

If the noise constitutes a legal nuisance, then you can sue in small claims court. You can claim whatever amount as your damages, up to the maximum limit. Say, $100 for each night that you were disturbed. It's a largely subjective judgement, and the judge will decide on the final amount.

After you win (if you win) you can sue again if the noise continues.

That's assuming you win.

But I don't think noise from a business underneath you constitutes a legally actionable nuisance because, as others have said, you're in a commercially zoned area. So it's a nuisance, but not a nuisance as recognized by law. In which case, you wouldn't win.

[jamesblazen]

Tenants have a Right to Quiet Enjoyment. Google it. Document your complaints and then move out. You will not be liable for breaking the lease. In fact the landlord may be liable for your moving costs.

[mollyblythe]

Originally Posted by Ms_Christina

Buy some noise cancellation headphones and quit whining.

• The OP made one succinct post
• He had a legitimate problem which would bother most regular people
• He didn't cause the problem, it was thrust upon him. No overlong, detailed kvetching
• He made a reasonable request for ideas/assistance
• He closed his post "respectfully"
• Others viewing the post might be able to benefit from any actually useful answers

You posted a response that didn't address what he asked for help with and then indicated he should quit whining. What was your intention in doing that?

Everybody has an issue they need help with occasionally. Nobody has all the answers. Some posts are written in such a way that they elicit sarcasm/snark/negativity. Was this one? Didn't seem like it to me. Hope it was misplaced and isn't habitual.



(The thread is an old one that someone revived. The issue, though, can be applicable beyond this specific post.)