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Old 01-04-2012, 12:13 AM
 
Location: NJ
17,579 posts, read 43,410,277 times
Reputation: 16225

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Quote:
Originally Posted by PacificFlights View Post
Those are valid comments but remember this isn't about the burden of proof or noise ordinaces or even due diligence. What is being forgotten is this was an act of represntation on the LL part and if false, the LL can be held liable for that. Had the LL not give a specific answer to the general question, the Op wouldn;t have much. But the LL did give a very specific answer. I agree with everyone that the LL has little requirement to disclose anything to the tenant outside the property, but under almost all state laws, when the LL provides a specific assurance or represntation, it has to be truthful. Again, this is not about the actual amount of noise and if its against some law or if it is serious or if its a he-said, she said, or any of the other sidetracking responses being discussed, its about and only about if the LL response was a truthful represntation.
My point was how do you even prove there was "an act of representation" if it was just a conversation? The LL can just deny he said anything unless the question was asked and answered in written form.
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Old 01-04-2012, 06:40 AM
 
2,091 posts, read 7,027,518 times
Reputation: 2165
Quote:
Originally Posted by PacificFlights View Post
Don't think so since safe is open to interpretation.... BUT if the tenant asked the LL specifically if robberies on the street occur and the LL said that only one occured in the last year, and the LL knew it was actually about 10 every month, yeah the tenant may have a case or action againt the LL. As mentioned above when the LL gives up information, they have a duty to be truthful.
Actually did some reading on the subject. Claiming safe neighborhood in ad can be interpreted as against fair housing law. Implies certain ethnic groups might be screened out or at the least are not welcome to apply. Likewise claiming exclusive community. Or even saying its great for kids, childless not welcome, or homosexual not welcome. Plus its in ad so its written. Only ones that can get away with it are legal 55 plus communities.

Maybe I will go flag some craigslist ads.
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Old 01-04-2012, 06:57 AM
 
Location: Southern California
3,114 posts, read 7,898,416 times
Reputation: 3708
Quote:
Originally Posted by sonno23 View Post
The LL lived in this house for 10 years and this is the first time they've rented their house so they know what's going on.
I wouldn't be so sure that the landlord knew. Just because they lived in the house doesn't mean they were there all the time. It's possible they were at work, during the times your neighbor does most of his composing. Or maybe the landlord doesn't hear all that well? It's possible!

It's kind of interesting to hear one musician complaining about another musician. Maybe you could try getting together and creating some music together? Might make the whole situation easier!
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Old 01-04-2012, 06:08 PM
 
831 posts, read 2,667,588 times
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Quote:
Originally Posted by sonno23 View Post
They said one neighbor had a rap group
That's when you should have walked away.
You walked right into that nightmare.
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Old 01-04-2012, 06:20 PM
 
94 posts, read 227,628 times
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Quote:
Originally Posted by bouncethelight View Post
I wouldn't be so sure that the landlord knew. Just because they lived in the house doesn't mean they were there all the time. It's possible they were at work, during the times your neighbor does most of his composing. Or maybe the landlord doesn't hear all that well? It's possible!

It's kind of interesting to hear one musician complaining about another musician. Maybe you could try getting together and creating some music together? Might make the whole situation easier!
Ha ha good idea. Lots of different kinds of music though. The problem is my husband will close off all doors and windows so he doesn't bother the neighbors and can feel as though he can practice and not perform. Anyway, he plays classical music. Let's not get into the different kinds of music. All good.

Maybe 1 hour of rap should have sent off all alarm bells but that would have only been had I assumed the LL wasn't telling me the truth and naive or silly me, I just believed her. The house w/ the rap musician is a single family house and not an apartment building. They've lived there for many years. The wife (LL) who I was talking to works from home so is here all hours and has been for 10 years. That was enough to make me believe she knew her neighbors especially bc she spoke so highly of them. I'll know to have everything in writing if we ever rent again.

Also, I never asked if it was a good neighborhood. I expressed how important it was to have quiet for my husband and when she told me about the rap music, I asked some more questions and was satisfied.

Very interesting following this thread. It's true, there probably isn't anything I can do to prove it.

Last edited by sonno23; 01-04-2012 at 06:51 PM..
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Old 01-04-2012, 06:57 PM
 
Location: Philadelphia
295 posts, read 1,122,000 times
Reputation: 217
Can I add that there are two things that I do before I sign a lease anywhere....number 1 - call the police (non emergency number) with the address and ask them about a crime report. They will tell you what goes on in the neighborhood and what types of crimes have been report.....and number 2 - go to the property around the time that people in the neighborhood are getting home from work and talk to people who actually live on the property. Ask them about living there - what is it like - are there any issues with any neighbors.

I have found these two things to be really effective. Number 2 actually saved me from moving in to a unit where there were college frat boys living upstairs and they threw parties all the time to the point that they were throwing up over the balcony on to the patio below (sorry for the graphic description).

Saved me some serious headaches!
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Old 01-07-2012, 12:17 PM
 
16,140 posts, read 22,775,471 times
Reputation: 26715
Quote:
Originally Posted by sonno23 View Post
Thanks for the quick replies. I guess it doesn't matter since you say they've got no legal obligation.

The LL lived in this house for 10 years and this is the first time they've rented their house so they know what's going on.

Since we were moving from across the country, I had only so much time to take a look. Nice area. I'll definitely camp out the next time.

Thanks.
I would consult an attorney, since you specifically asked, and they answered you may have something you can work with. They obviously mislead you totally 1hr/25hr That is a lot of misinformation specific to your direct question. I might argue it before a judge, in small claims. Another thing, since police seem ameniable, check and see how many complaints have been made against that property this whole year 2010-2011 That is good evidence for your claim in court also. Anything that demonstrates that there was public knowledge, and that the LL duped you.
SttResident....Good advice, I always do that myself.
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Old 01-07-2012, 12:38 PM
 
Location: Kailua Kona, HI
3,199 posts, read 12,594,944 times
Reputation: 3411
The terms "Quiet", "Safe", "Friendly" are subjective and no realtor or LL should ever comment on these things. Everyone's definition of these adjective's is going to be different. I live on a busy road, have had a large family and have numerous pets, and my tolerance for "noise" is very high - I just tune a lot of stuff out. Others might go stark raving mad with traffic noise. Coming from Las Vegas several years ago, I find Kona extremely "safe" compared to what I dealt with in LV on almost a daily basis! I fell asleep every night hearing gunshots not 1 miles from me and I did not live in a bad area either.
So, that all said, it's the Buyer's responsibility (or in this case the tenant) to investigate neighborhoods as much as possible to see what they're like before deciding to live there.
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