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Old 08-01-2015, 01:36 PM
 
Location: Racine, WI
31 posts, read 27,665 times
Reputation: 18

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Okay so here's my dilemma. I got a 5 day notice over something very petty on the 27th. I've been having problems with my ceiling squeaking/loud creaking/walking with my upstairs neighbor for the past 2 months now. I've called and complained roughly 4 times to the building manager and nothing was done other than the building manager telling me she put a "notice" on the lady's door and would come, check it out but NEVER showed up not one time. I understand this is a most likely structural issue but this didn't start happening until about 2 months ago. The noise wakes me up out of my sleep every morning at 5 o'clock because that's when the lady wakes up walking like big foot and slamming things down. I work 2nd shift so this is like driving me crazy I cant get ANY sleep until this lady leaves to go to work around 10. Well I did end up just buying ear plugs but why should i have to do that in a place I pay rent in??? I hate to be the complaining neighbor, but i'm quiet as a church mouse and that noise has been going on so long to the point where its driving me crazy and I started banging on the ceiling because the woman is just being simply spiteful after I started complaining. She will walk back and forth over the "soft spot" for hours. So last week she proceeds to come downstairs for the 3rd time banging on my door yelling and screaming and also called the police saying "i"'was harassing her. I've never went up to this woman's door ONE time, she came to mine every time I called the building manager complaining yelling for me to "open up". I just wanted them to come check why that noise was So LOUD or let me get an apartment transfer. So now the HEAD landlord says he wants ME out because of the police contact from the woman calling the cops on me saying "I'm" causing "disturbances". Despite HER coming to my door 3 times being obnoxious (i never opened the door for her btw). I tried to call him and tell my side of the story but he was rude as hell and basically hung up on me saying he just wanted me out. Keep in mind this is the SAME landlord I beat the eviction case with back in March when he tried to say I didn't pay my rent but I brought in evidence that he indeed cashed my money order and he lost. Thread here: //www.city-data.com/forum/renti...-5-2015-a.html

Now my question is.. I haven't gotten a eviction notice yet but its only the 1st and its a Saturday. The man wants me out but they put a rent envelope under my door yesterday. I wasn't going to pay and just let him go through with the eviction, but my mom insists on me paying this man the regular rent on time because she and everyone else feels that's not a legitimate reason to just put me out. And if I DON'T pay the rent then he'll have a REAL case in court. Is paying my rent pointless at this point? Can he keep my rent and still evict me? I'm not calling him again to ask because he's rude as hell. My lease was supposed to be up October 1st, so i'm pissed now I have to scramble to find another place AND have a eviction on my record from this man TWICE. I THOUGHT did what I was "supposed" to do and call the building manager about a noise complaint disturbing my sleep and causing me distress, but now I'M getting evicted just because she was petty & called the cops?? Just because she's a older lady he's playing favoritism. If anything SHE was harassing me coming to my door screaming. The 5 day notice also says "Correct the Breach OR Vacate"......... I need some advice here
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Old 08-01-2015, 02:08 PM
 
16,376 posts, read 22,483,864 times
Reputation: 14398
Pay your rent. You do NOT want an eviction on your record. It's very bad and it will be on your record for many years. You will be immediately denied from many or most future rentals just because of that eviction on your record. Which means you could be stuck in bad neighborhoods or get stuck in shoddy rentals or overpriced rentals because the good ones will reject you.

You will regret having the eviction but you will be stick with it.

Deal with the issues a different way. But don't get yourself an eviction filing.

*disclaimer: Most cities/states keep evictions on your record forever. A few don't do this or allow you to remove them in some cases. But it's highly likely yours will haunt you for years.

Even future jobs find them when they do background checks. Also when you decide to buy a home - they will likely find the eviction and might use it against you.

Nobody cares the story behind the eviction because everyone has a story.
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Old 08-01-2015, 02:14 PM
 
Location: North Idaho
32,647 posts, read 48,028,221 times
Reputation: 78427
What kind of five day notice?

Sorry but it sounds like you are the problem, banging on the ceiling because your neighbor is walking.

Squeaky floors are very difficult to fix.

I suggest that you pay the rent so you don't get evicted but also talk to the landlord about getting out of your lease early so you can move out without ruining your rental references.
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Old 08-01-2015, 02:16 PM
 
Location: Seattle, Washington
8,435 posts, read 10,527,269 times
Reputation: 1739
What breach are you supposed to fix and how? The landlord can only evict if substantially violated the lease or if law enforcement reports unlawful acts.
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Old 08-01-2015, 02:22 PM
 
932 posts, read 899,482 times
Reputation: 856
Just pay your rent and correct the breach, simple as that. Seems like you probably was knocking on the ceiling trying to get her to stop bumping which is why she came down to your apartment

Regardless in apartments when you live on the bottom floor this is what you choose to deal with

And also apartments have quiet time like it starts after 8pm or 9pm. They can play music all day if they wanted as long as it was to loud

The lady isnt doing anything wrong, your just complaining to much, unfortunately the lady walking across the floor is not a valid complaint unless its was after quiet times

maybe the women is big and cant help it, she has a right to walk across the floor and not tip toe, landlord knows your complaint is not valid and probably told you..

Just be cool until your lease is up and move into a house next time
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Old 08-01-2015, 02:27 PM
 
Location: Racine, WI
31 posts, read 27,665 times
Reputation: 18
Quote:
Originally Posted by oregonwoodsmoke View Post
What kind of five day notice?

Sorry but it sounds like you are the problem, banging on the ceiling because your neighbor is walking.

Squeaky floors are very difficult to fix.

I suggest that you pay the rent so you don't get evicted but also talk to the landlord about getting out of your lease early so you can move out without ruining your rental references.
I didn't start banging on the ceiling until I called several times and nothing was being done and she kept coming to MY door. And it sounded like she was doing it out of spite because i was complaining. How am i the problem, I asked for a apartment transfer to resolve the issue so it wouldn't have to come down to this.
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Old 08-01-2015, 02:32 PM
 
Location: Racine, WI
31 posts, read 27,665 times
Reputation: 18
Quote:
Originally Posted by key2success View Post
Just pay your rent and correct the breach, simple as that. Seems like you probably was knocking on the ceiling trying to get her to stop bumping which is why she came down to your apartment

Regardless in apartments when you live on the bottom floor this is what you choose to deal with

And also apartments have quiet time like it starts after 8pm or 9pm. They can play music all day if they wanted as long as it was to loud

The lady isnt doing anything wrong, your just complaining to much, unfortunately the lady walking across the floor is not a valid complaint unless its was after quiet times

maybe the women is big and cant help it, she has a right to walk across the floor and not tip toe, landlord knows your complaint is not valid and probably told you..

Just be cool until your lease is up and move into a house next time
This is wholeheartedly agree with. The cop did say she was big when he went up there when we called to them to go up there for her banging at my door. MY issues is just that.. The noise is before AND after quiet times. 5 am? Really?... and sometimes i hear it at 12 am. I wouldn't complain if it was during peak hours. I'm not THAT petty. I just don't want to send this man the rent money and he still evicts me and/or finds reasons to keep all or part of it. That's all. But i did end up sending it off.
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Old 08-01-2015, 02:33 PM
 
932 posts, read 899,482 times
Reputation: 856
Quote:
Originally Posted by AirrGordon View Post
I didn't start banging on the ceiling until I called several times and nothing was being done and she kept coming to MY door. And it sounded like she was doing it out of spite because i was complaining. How am i the problem, I asked for a apartment transfer to resolve the issue so it wouldn't have to come down to this.

your no better then she is once you starting banging on the ceiling, Your actually deliberately creating noise and creating a hostile environment

apt transfer wont solve anything... maybe the next upstairs neighbor is heavy footed as well
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Old 08-01-2015, 02:38 PM
 
Location: Racine, WI
31 posts, read 27,665 times
Reputation: 18
Quote:
Originally Posted by key2success View Post
your no better then she is once you starting banging on the ceiling, Your actually deliberately creating noise and creating a hostile environment

apt transfer wont solve anything... maybe the next upstairs neighbor is heavy footed as well
No, i was asking to be moved to the 3rd floor. I'm on the 2nd floor now. It's only 3 floors in this building. I know next time i do move i'll make sure i get a upstairs apartment. I'm disabled, my walking is limited due to a Spinal Cord Injury. Usually i'd move to the first floor of course but I didn't care what floor i was on in here because this building has a elevator. Plus like i stated the noise wasn't there when i first moved here in October it just started happening roughly a couple months ago.
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Old 08-01-2015, 02:43 PM
 
Location: Racine, WI
31 posts, read 27,665 times
Reputation: 18
Quote:
Originally Posted by sware2cod View Post
Pay your rent. You do NOT want an eviction on your record. It's very bad and it will be on your record for many years. You will be immediately denied from many or most future rentals just because of that eviction on your record. Which means you could be stuck in bad neighborhoods or get stuck in shoddy rentals or overpriced rentals because the good ones will reject you.

You will regret having the eviction but you will be stick with it.

Deal with the issues a different way. But don't get yourself an eviction filing.

*disclaimer: Most cities/states keep evictions on your record forever. A few don't do this or allow you to remove them in some cases. But it's highly likely yours will haunt you for years.

Even future jobs find them when they do background checks. Also when you decide to buy a home - they will likely find the eviction and might use it against you.

Nobody cares the story behind the eviction because everyone has a story.
It's not that i don't WANT to pay the rent, the man said he wanted me to leave when i called him to talk about this bogus 5 day notice. So how am i supposed to know what to do? If someone's telling you they want you gone will you still pay rent? It's a catch 22. I paid it though, sent it off fed ex over night. Now i have to wait and see what happens. I'm sure early next week the cops will be at my door with a eviction notice because of the arse hole that he is.
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