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We live in two family house on second floor. Since first day first floor renters entered in, we have been having noise issues including every night parties, non stop loud talking and shouting, banging, dropping very heavy objects, slamming doors and even banging on the ceiling(our floor), all of this combined. Also if they go to sleep, the snoring is so loud that our floor literally shakes. We had to move our bedroom to another room. I first tried talking to them few times very politely and asked to try to be quieter. But my request was ignored. Throughout two years I've been dealing with landlord to resolve this issue. First he asked to call police saying he can't do anything without the report (I called only once), but later he asked not to call the police unless it is very very very very very bad; then he promised not to renew their lease which he did renew; next he asked me to text him every time there's loud noise after 11PM, and after one year of texting, few weeks ago he hinted me that he pretty much can't and won't do anything. The only improvement was less noise after 11PM. 11PM-7AM - quiet time per local ordinance, so he was not concerned about every night noise but only after 11PM noise....however after 11PM noise is still often thing. Even though lease mentions quiet enjoyment on premises, we haven't had quiet enjoyment since first floor renters moved in, and the landlord said it was term for landlords rather than tenants. Also the landlord would say that we could move out if we wanted to. Although it is an option we have few valid reasons not to move out at this time: 1. We paid almost $2000 broker fee when we started renting the apartment; 2. For two years we were unable to find equivalent apartment with same conditions for the same price we pay now; 3. Even if we find something decent we still will need to pay another $2000 broker fee to start lease.....unless it is garden apartment. 4. From the very beginning we had decided to stay at the current apartment until we buy house....which may take another year or two.
The whole noise issue affects very badly our psychological and emotional state, which further has an affect on our marital relationship and relationship within the family. I have become less productive and effective at work, I can never go to sleep on time and most of the time I lack sleep; being stressed out because of neighbors often results in insomnia.
All this time I really did not want to take any legal actions but tried to make it work with the landlord who has very little or no concern about this issue. But right now there have been too much damage done and I want to take legal action. Been looking for small claims court but all I could find was general information without much details. Also been looking for lawyer in my area but could not find lawyer with tenant practice.
If the place "literally" shakes from very normal sounds like snoring next door... I'm not sure what the neighbors or the landlord are supposed to be able to do to make you happy. The neighbors have to be able to live and sleep. If you can't handle any noises from next door, find a home on acreage to live in. I know you say you don't want to move, but are you happy? I don't think attached housing is for you.
If the place "literally" shakes from very normal sounds like snoring next door... I'm not sure what the neighbors or the landlord are supposed to be able to do to make you happy. The neighbors have to be able to live and sleep. If you can't handle any noises from next door, find a home on acreage to live in. I know you say you don't want to move, but are you happy? I don't think attached housing is for you.
Diana, the sounds are not normal, believe me. We had another renters living there before, and, there was no noise compared to what we have with current renters. The snoring is not normal, only if some animals like elephant can snore like that.
Also, I am not talking about normal noise but about excessive and unnecessary noise. I have no problem hearing occasional household noise, this is expected in every apartment.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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The best legal option is to move. Even a local ordinance is hard to enforce, and usually requires noise at a certain decibel level. Even if you get the city to come out and measure the noise, it may be below acceptable levels, though still very annoying. Check your lease, it probably doesn't list neighbor noise as a provision for early termination, but if it has a "quiet enjoyment" clause you may be able to try that with the landlord. Look it up in a legal dictionary online.
The best legal option is to move. Even a local ordinance is hard to enforce, and usually requires noise at a certain decibel level. Even if you get the city to come out and measure the noise, it may be below acceptable levels, though still very annoying. Check your lease, it probably doesn't list neighbor noise as a provision for early termination, but if it has a "quiet enjoyment" clause you may be able to try that with the landlord. Look it up in a legal dictionary online.
That's another thing. I have obtained copy of local ordinance, and it does not mention any db levels, just generic wording: "The creation of any unreasonably loud, disturbing and unnecessary noise is prohibited"
We're on month to month lease, so there are no problems with it if we want to break it. But again, I've been looking for two years since first floor renters came it, and until this day there is nothing available for the price we pay. If we want to get similar apartment with similar conditions we have to pay $400-700 more....and there is no guarantee we won't have same noise issues.
So you have stayed there for 2 years putting up with this even after the LL renewed the lease of the noisy tenants below you ?
Nothing and I mean NOTHING anyone can contribute to this thread is going to help you if you are too ignorant to help yourself.
THE ANSWER IS TO MOVE TO A PLACE WHERE YOU WILL BE HAPPY DUE TO CHOOSING A PLACE WHERE NEIGHBORS NOISE IS SO FAR AWAY IT DOES NOT IMPACT YOUR DAY TO DAY LIVING !!
Why is that concept so hard for you to grasp ?
1 of the few benefits of being a renter is the ability to up and go without the drama and time / stress of buying and selling the property.
geesh ...
No wander Dr Phil and the Jerry Springer show are still on TV ... there is a never ending supply of participants.
If someone snoring rattles your floors, then the problem is not the people. Its the housing. What would you have them do, sleep with their head under their pillow?
Youve been complaining for 2 years. It can't be too bad if you'd rather stay there and complain rather than just move.
If you're going to sue someone, you have to have suffered a financial loss, normally. Since you actually pay less rent than market rent, I don't see you having any argument for any financial loss. You might have a case to break your lease, but you don't have a lease. So, no issue there.
And you said they're complying with the noise ordinance, now, being quiet from 11pm - 7am.
And there's no specific decibel level listed in the ordinance, to sue over excessively loud snoring.
I don't see any law here you can use to successfully sue anyone.
I do understand why you don't want to move. It's expensive and if you are looking to buy, it's more beneficial for you to have a stable renter history at your last residence.
What I do to drown out apartment noise, is use a huge fan for white noise. It really helps. This is what I use:
1 of the few benefits of being a renter is the ability to up and go without the drama and time / stress of buying and selling the property.
geesh ...
.
Actually it is not benefit for us since moving will involve unnecessary drama, time and stress. I guess you either live alone or with your parents. You'll see how circumstances change when you have family.
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