Absolutely horrendous apartment neighbor (lease, tenant, evict, rental)

[MiserableNeighbor]

I live in a downstairs apartment, and the people who live directly next to me are by far the loudest people I've ever lived next too in my life. It's an old woman with all of her grandchildren; the kids playing outside doesn't bother me, it's the kids slamming the door all day and constantly running up and down the stairs, which literally rattles my bedroom that bothers me. The old woman also blasts her music from sun up to sun down with all her windows open. The other night she let it play until 3:00 am.

I've told her to keep it down twice and she refuses. The second I tell her to turn it down, it'll go off for about 10 minutes and then she turns it on again, and leaves it on. I'm sure she also encourages the kids to run around and scream as loud as possible too to **** me off. If I can hear it, I'm sure the upstairs neighbors can yet I'm the only one who complains, so therefore in her eyes, I'm racist (she's told me several times) even though I've never told her anything else other than to keep the noise down.

I'm sitting in my room right now and I can't even hear my TV. Her music is rattling my walls and the kids are running up and down the stairs like they're maniacs. I've told the manager, by the way, and she told me it's only that old woman on the lease and the rest she must've just moved in on her own, without telling management. I want to call the police, but I'm not even sure if they'd come out here for something like that.

I just want the noise to stop. I live below college students and even they're quieter than the people next door.

[oregonwoodsmoke]

Anyone else feel like we are spinning our wheels?

[poodlestix]

I hate hearing about people who pull the race card when you point out anything inconsiderate that they're doing in hopes that they'll show you common courtesy. Sorry to hear you're going through this. I had a very inconsiderate neighbor years back (well, actually at least two that I can think of). They were the same race I am, so they couldn't claim that I was racist, but they still acted like I was unreasonable to expect to live in a peaceful setting. I will put up with a lot, but when a person goes above and beyond to be rude and loud, eventually you get to the end of your rope and want to say something. However, when somebody is like that, you know saying something is most likely going to make them act even worse.

[Corn-fused]

Here is my 2 cents:

First of all, read your lease and see if there is any clause that states that tenants can not unnecessarily disrupt or hinder the right of others peaceful possession of their units. Some leases have it. i know mine does. If your lease does have it then the tenants making all the constant unnecessary disruption and noise such as loud music/TVs, partying, fighting, screaming/hollering, bouncing bowling balls, etc are breaching their lease and management should address it and if not resolved the tenant should be evicted. Normal living noise such as walking, toilet flushing, showering, walking, etc is a different issue and would obviously be a structure or lack of insulation problem that would need to be addressed by management if it is specifically excessive.

Secondly, if management acknowledged that there were other people or occupants staying in that unit that are not on the lease, what did they say they were going to do about it? I would surely ask if you didn't because that could solve some of your issues. And also, children, or anyone for that matter, should not be in the hallways screaming and hollering or using it as their playground. There is a certain amount of noise that children will cause, and are allowed, that one will have to accept however, when it is unnecessarily and senselessly loud then it should be addressed by management. And if it were me and management did not address the excessive unnecessary noise then I would fight it and turn that on the LL as a breach of the covenant of quiet enjoyment because the LL is specifically allowing it. I suggest however, that you contact an attorney or legal expert in your area if it comes down to that so they can advise you on how to proceed and that it is done correctly.

Thirdly, the loud disruptive music can surely be reported to the police even if it is during the day but for sure during quiet hours which can be anywhere from approximately 10 pm until 7 am in the morning. Most cities that I am aware of have ordinances for excessive noise such as loud music/TVs, partying, fighting, etc during quiet hours so I would look up what that ordinance is for your city.

"Some' of us who own or manage multi-family rental units completely understand when and how things can get excessive and unnecessarily loud and we will address and mediate those issues whether it is caused by children or adults. Despite what some people may think, children do not get free reign to act any way they want to or be as loud and destructive as they choose to. We will absolutely not allow tenants/occupants/guests to unnecessarily consistently disrupt the peaceful possession that other tenants have a perfect right to. It is just common sense to evict the tenant(s) causing the disruption if the issue(s) can't be resolved instead of consistently losing other tenants who are constantly being disrupted.

So, it all depends on the combination of what your lease states, how receptive your LL/PM is, your state rental laws and your city ordinances.