Loud unauthorized tenant? (apartment, lease, noise, clause)

[cherryblossom45]

I've lived in my apartment for awhile now, love it with no complaints. My upstairs neighbor is a young girl, quiet, whom I've never had an issue with until now. About 2 months ago she moved in some guy, possibly a boyfriend who makes enough noise to wake the dead and I'm not kidding. He stomps so hard the walls literally vibrate and shake, he also throws very heavy objects down onto the floor late at night waking me up and terrifying my dogs, then gets up and stomps every morning between 5:30--7:30 am. Apartment is all carpeted, but it still sounds like a 500 lb sumo wrestler with bricks attached to his feet whenever he walks. I never had an issue with noise from the girl before he moved in. I can hear every room he goes into, but he's in my room about 90% of the time. I also think he spends a lot of time playing video games or something similar because he'll frequently yell and jump up and down (which of course, practically swings my ceiling fan).

For the first few weeks I ignored it, because I figured maybe he was a relative or friend visiting her for a bit, but now it's almost been 3 months and he's still here, all day everyday, so I'd say that theory is out. I called the office and the woman said that it's only the girl on the lease so I don't know how much they or I can do since he technically isn't a resident. I'm afraid to confront him because it probably won't do anything and I wouldn't be shocked if he used "I don't live here so you can't do anything about it" as a defense.

Anything else I can do? I've tried ear plugs and white noise and neither worked, I can still hear him.

[Kim in FL]

Call the manager again and tell them that he's been living there for 3 mths and is disturbing you. they will issue a 3 day pay or quit...either she gets him on the lease or he leaves. However, if she adds him to the lease and he continues to walk heavy there isn't much they can or will do..your best bet is that he can't qualify for the unit and will have to move or both will face eviction.

[Corn-fused]

Read your lease and see what it specifically states about "overnight guests" and how long you are allowed to have someone stay consecutively and how often, etc., so you are armed with ammunition. Most places that I am aware of allow up to 2 weeks max but it can definitely vary.

Neither you or management needs to confront the "guest' at all. If she (the tenant above you) is in fact allowing this 'guest' to stay longer than the lease stipulates then she is breaching her lease (based on the office stating that she is the only one on the lease). So if you told the office that he has been staying there for that long they should take action on her, the tenant, not the guest. Is what you stated in your OP the only thing the office said to you or did they say they would check into it and take action if necessary? If they didn't say anymore than you stated then I would keep on them about it if your lease does in fact have a clause regarding "overnight guests" and length of stays and if she has exceeded that time frame.

Good luck!