Loud walking upstairs neighbor, what to do? (agreements, renew, payment)

[Kim in FL]

Originally Posted by ashleekat

I completely understand your pain! A new family just moved above us two weeks ago and we are pulling our hair out...as I type my monitor is shaking and it's 10 p.m. I wake for work at 4:30 am everyday. The stopping starts at 7am and sometimes continues till 1am! It's really getting to us. We have asked them to try to keep it down....we've called the office and they have spoken with them all with no relief. The 2ed time I knocked on the door she screamed at me in spanish and proceeded to slam the door in my face. I am at my wits end!! I'm drinking a glass of wine at this very moment. I dont drink!!!! It's easy to say deal with it, but it's not so easy to live it. I woke from a nap thinking i was in the mist of a thunderstorm....I wasn't!!!!!!!! I pray for this nightmare to end!!!

And why aren't you calling the police?

Informing the office is the first step. The next step is calling the police, find out the local ordinance noise for your city and ask them to enforce it.

lol @ the ICE comment

[jleau12]

I'm going through this same thing right now. It's terrible. And I hear what some people are saying that thin floors or whatever can make any noise but my neighbor is intentionally stomping around like an elephant. She walks like a normal person in the mornings but at night and on the weekends she stops back and forth back and forth back and forth relentlessly. A normal person cannot walk that way and not realize the person below them can hear that. She's just an inconsiderate person. I'm thinking of filing out a complaint with management because I already know if I contronted her she's get defensive. But as someone else mentioned my complaint might make things worse for me and she might stomp even more or do more annoying inconsiderate things. I'll never be able to sell my condo for what I bought for it but maybe moving out is my only option. It amazes me how outright inconsiderate people can be.

[harrycatwithbigteath]

Have you people been be raised in a barn? I have lived in suburban, rural and in the big city. Unless your a drunk fool, a 2 year old or hormone crazed teen , you always tiptoe and talk in hush tones after 9:00 pm . I don't care if your in a tiny studio or in a mansion, its called get ready for bed or at least act like it so the rest of the family can get sleep. Whats the problem with people that they will respect family but a neighbor “just needs to deal with your garbage or buy a house”?

How about you get a life and grow up. Do you want a functioning society or rather we live like animals. I find is hard to believe theses free spirits spend a life time bouncing from 3 activity in dwelling. One of generally being loud and obnoxious ( having fun/drama). 2 memorized by entertainment centers, Dvds and video games with high volume so that … (well I don’t know maybe people out side will know you have a kicken system. That's vary 1993.) 3 running around in a panic fooling themselves that they are just “getting things done in this so hectic world”. How about keeping your place clean and some what functioning so you are not in a constant panic. Why live everyday as if drunk at a barbecue party. Maybe you should read a book? I suggest “Don't forget you manners aka not living like a fat redneck who's only care in life is to cop a feel”.

If you have children, a wild little baby or work the nightshift try to find a newer building with nice expensive thick walls. Or maybe talk to potential neighbors to see if it will be a good fit. As apposed to Jonhandcocking, moving your truckload inside and closing your doors, expecting everyone to put up with your "care free living"

The strong does not always survive. We had some 20 somethings in our building. They got a little noisy, walking around with shoes indoors and not tip toeing at 2:00 am . Well.... they moved out within a few months because management made it unpleasant for them.

[notfriedkasei]

Originally Posted by mommytotwo

Look, I can give you both sides of your situation by looking back on an apartment I had.

The landlord bought a triple decker in Worcester, MA. Now, triple deckers are old, three story houses built, probably, 100 years ago. ALL wood.

Anyhow, the LL lived in the first floor, renovated the second, including stripping, sanding and refinishing the hardwood floors throughout the second floor, and also renovated the third floor, also re doing the hardwood floors in dining room and kitchen but laying down CHEAP carpet in the bedrooms.

So, I, along with my husband, and 18 month old son, move into the second floor.

Soon after that, my brother and sister in law moved into the third floor.

We never wore shoes in the house, and unless we had something going on and had to run from one end to another, could not really be heard walking. My son, on the other hand, was a runner. Once he learned how to walk, there was only one mode of transportation, running. I could stop him for the moment, but as soon as he wanted to get somewhere else, he ran. The LL complained, as it was irritating her. I tried to get him not to run, but short of tie him down, there really wasn't anything I could do to get him to stop the running. I did my best to curtail it. (looking back, I am sure there was nothing I could do, he was naturally a runner, I have since had another child, who walks everywhere, she really never runs for no reason)

At the same time, my sister in law upstairs walked around like an ELEPHANT. I mean, she is 5'6" and probably 125 lbs, and sounds like a three hundred pounder. She washed laundry at 10Pm, my brother in law would come home at 9pm and wrestle with his daughter, throwing himself down onto the floor, shaking the whole house. Anyway, it really annoyed me until I just got used to it, got over it and moved on.

Well, the LL didn't get used to it, she would call us at 7 pm to complain. Blah blah blah. She eventually just asked us to move. Basically threw us out because, hmm, how did she put it, oh I cannot remember but somethng like constant inconsideration on our part. So, fine, we moved to a first floor apartment (she however got a series of non paying renters and eventually lost the house to foreclosure, unfortunately for her). The place we lived in we had another lady living above us, and we could hear her walking wherever she went. She wasn't even walking heavy, just again, a wood house. We never dreamed of complaining, we were just so grateful to be in an apartment where we werent being treated like crap just because we had a toddler acting like a toddler. That lady could have done jumping jacks I woudn't have cared.

the point is, in our situation, the lady REFINISHES HARDWOOD FLOORS then rents to people with an 18 month old. Frankly, if we wore our shoes in the house, then she would have also complained. God forbid she had my mother living above her, who wears 3 inch heels to work every day and races around in them after work trying to get dinner made.

And *that* is why I will never live in the same building as my landlords ever freaking again. It's alwaysthe issue of "oh, You're living in My house so even though you're paying rent, you still have to do what I say, despite it being unconducive to normal living."

My boyfriend and I rented a second-floor apartment in an 1850s Victorian. The landlords lived below us. There were no other apartments.

These people were so effing obnoxious. Screaming schildren (3 of them), dogs barking from sunup till sundown (2 of them) and a mix of classic rock and hannah montana blasting at TOP volume (also from sunup till sundown, especially weekends). Our apartment would shake from the noise and we could hardly study. When we said something, we were told to go to the library. And then the sex. We knew every time they got it on because their bedroom was below ours. We tried to be polite during our own 'special time' because they have kids and didn't want to be, ya know, gross. But we quickly learned they must not have cared because not only did my walls shake but the whole neighborhood could hear them.

But we were not allowed to play with our dog after 8 pm (okay, reasonable, they were getting the kids in bed and it was an old wood house). Then it became "Oh, you're talking too loud," (we are both quiet talkers though I do have a loud laugh) "Oh, you're walking too loud" (we were tiptoe-ing) "Oh, the tv is too loud" (the tv wasn't even on) "I heard a noise what is going on?!?!?!?!" (I flushed the toilet).

There was a lot more crap from their end, but those are just the noise issues.

UGH!

[Pryito]

My first post here, and I was reading the posts here and I had a similiar situation a couple of months ago.

My now wife and I got married in August 2009, and we decided to move out of our old apartment basement, and into a new apartment. To start a new life. The day we moved into our new upstairs apartment, the downstairs neighbors wife rang our doorbell and asked us to be quiet. It was 8:30PM and we were there only like 8hrs so far. Moving stuff in. I looked at her, and said, we just moved in today. This noise will not be constant. We need to move our stuff in. We'll try to be a little more quiet.

This was a bad omen, and I freaked out. Because I knew we were about to have problems we couldnt avoid.

The next couple of months were hell, a living hell, and it changed our relationship while we were there. She would constantly bang a broomstick on our ceiling when we were whispering too early in the morning in our spare room. The room where my cloths were in. Going in that room was danger as it always caused a problem, no matter how quiet I tried to be in it.

I had asked the downstairs neighbor husband if it was ok for me to play a videogame if I properly insulted and padded in the floor underneath and he said it was more then fine, as long as I did it during the day, at acceptable hours. I said if it was too much I would not do it. Just let me know. I wouldn't fathom disturbing people during the night-time. The game was rockband. I played it through the headphones and put down gym mats underneath. This was not enough. While I was playing one day his wife rang the door and started screaming at me. Pointing fingers and threatening me. She outlined my activities for the past 3 months in detail.

The things she had issues with were: What time I woke up for work, which was unacceptable, and unavoidable. I had to pay my rent and living expenses. So I had to wake up. What times we came in on the weekend. What time we had people over till. I felt like I was being spyed on every waking hour of my life. Now I know we live in an apartment upstairs from someone so we would be extremely quiet, at least try to be. She also said we were delibertely stomping and slamming doors to wake up their child.

Then they started delibertly putting a speaker on the ceiling on sunday mornings and blast bassy music at exactly 9am until they heard us wake up. They constantly fought and slammed doors, and the husband would be out in his car smoking pot at 2am in the morning.

The woman was always in her pajama's all the time and said she was on painkillers for the constant operations she was having. I started to believe she was an addict. But, I cannot confirm that, but she had all the signs of someone addicted to painkillers.

So, I started tip-toe'ing around my house. I did this so much that I developed problems with my ankles and my knees. I avoided area's of the floor that squeeked by stepping over them. Giving my wife attitude when she accidently dropped something. Taking off my shoes before I went up the steps. I put a bark collar on my dog and we stopped playing with him all together.

Christmas Day (good will towards man?) they had a fight in the back yard about us, seems we came in too late on christmas night or making brocolli on the stove was a little too loud at that moment. The son threatened to do something to us and the father said don't do it because he would be put in jail. She screamed about us being idiots and not having any responsibility. It ruined our Christmas. It was the worst Christmas ever.

I started to imagine how they would be when we have kids. Which we are going to.

Then one day 8 months living there. At 10PM I was in my office and typing on my computer playing Warcraft. Then came the rap rap rap on my ceiling. Having enough, I was wearing earphones and being as quiet as humanly possible, I stomped on the floor as loud as i could. She called the cops and complained that she heard a tap tap tap noise and it was bothersome. My typing was too loud! The cops asked me what it was and I said it was my keyboard, I was typing. He looked at me, and then at her and her husband and said this is an issue that you need to work out yourselves and left. He didnt even write a report.

So, we sent a letter to management. It seems they had complained about us already to management and the super told us that we are the second tenant that they harressed. The prior tenant was his daughter and she had 2 children. Could you imagine 2 chilren? They moved out because they couldnt take it.

I asked if we could transfer our lease to another apartment because I could not take living on eggshells for my 2 year lease. My life was horrible, my relationship with my new wife was suffering. My friends noticed a difference in me.

He said he would see what they could do. 1 month later we moved out, and over to the next courtyard. I haven't been happier since. We are still in an upstairs apartment, but the tenants downstairs know that they live in an apartment complex and noise will be heard.

I still do not play Rock Band, as I am just getting over the feeling of being conscious about every move I make in my house.

Spoke with the super last week and thanked him again for letting us move. It was a night and day difference and I have a life again. He welcomed me and told me that the new people who just moved in were already being harressed and that when the lease is up on the people harressing them, they are being evicted. Karma! Yes!

So, just because you think someone else is the problem, sometimes it's you. Be aware that you choose to live in a downstairs apartment and foundations are not the best in some apartments. People cannot levitate yet and some noises are unavoidable. We upstairs dwellers arent jumping on the floor to make your life horrible, we are living our lives.

Making upstairs neighbors self conscious of noise they make in their own safe place, is mean and changes people. Make sure noise is deliberate before accusations.

[Miaiam]

The last post was quite good.

I think people have to be reasonable: there are some things that simply are part of daily life, washing machines, pots and pans, the occasional moving of furniture, everyday things one simply cannot avoid! Some people are not reasonable towards any kind of noise, and that is a problem too.

However, the majority of posters here (like myself) is or was "cursed" with a neighbor from hell. Some things are not for people who live in apartments: loudspeakers, videogames, karaoke machines, musical instruments, etc. This will eventually disturb your neighbors who are not supposed to put up with one's voluntary and unnecessary noise. I think this is what really irks people. If you have to use a tool to install something, ok, no big deal. But playing anything for your enjoyment (tv, dvd, videogame, karaoke, musical instrument) - that I cannot avoid hearing bc I live close to you - is the epitome of insensitivity towards one's neighbors, really irritates people, and in my opinion they are right.

For some people, either the oversensitive who cannot hear someone open a door to the "brilliant" musicians (before you complain, not all are the same!!), it is better to live in a house, period. I know this is fixing the wrong problem and people should be reasonable, but some are simply not.

However, I think a rule of thumb are city ordinance hours. It is common sense! Before, say, 7am and after 8pm, try to make the minimum, minimum amount of noise possible. If you have unusual working hours - and one has every right to work at whatever hours one pleases, keep in mind that for most people those are rest hours, and be as quiet as humanly possible. And if you are home during the day, remember, those might be hours someone who had a night shift is sleeping too, so be a dear and respect reasonable limits.

[gweilo845]

Some things are not for people who live in apartments: loudspeakers, videogames, karaoke machines, musical instruments, etc.

So you are proposing that people just sit in their apartments and do nothing?

I have as much right to watch TV, play games, etc, at whatever time I want - as long as it is reasonable volume, of course.

You had a crappy neighbor, and you're attributing their negative behavior to any current or future neighbors. Unless you mellow out a bit and let it go, you're not going to be satisfied with any sort of apartment situation. Asking people to tip-toe around their apartments at 8 PM is ridiculous.

[Miaiam]

You have every right to do anything (watch movies, play videogames, read a book, whatever) in your house as long as it does not bother your neighbors.

Your right to enjoyment is as important as their right to silence.

I know some people simply do not understand that, otherwise there wouldn't be so much disagreement among neighbors. The sense of self-entitlement and disregard for respect of peace and quiet - considering they share walls, hallways, etc. is unbelievable.

I have upstairs neighbors who are respectful and we have never had any problems. But I had a neighbor who played musical instruments in his apartment, and had parties until way after 2am; that is something nobody has to put up with. He was about to be evicted, by the way, thanks to a conscious LL and many complaints from myself and many other neighbors.

I can perfectly tolerate one moving furniture in or using a vacuum cleaner, but I don't have to tolerate one watching a movie with surround speakers in the living room, especially after hours. Respecting peace and quiet is part of living in apartments, as is tolerating daily chores noise - if one doesn't understand either things, apartment living is just not the best option.

I am not proposing anything, I am simply stating my opinion and I have a right to have one. Feel free to disagree as long as you respond respectfully.

[mkfarnam]

If all renters knew their "Rights and Responsibilities"(which every state has) a lot of these problems wouldn't occur.

[harrycatwithbigteath]

Your so right Mkfarnam All theses issues should be addressed in the lease.

The common law that’s been handed down over centuries says that all leases guarantee “the right of quiet enjoyment.” That right is so fundamental it’s presumed in all leases, even oral ones.

Managers need to add a rider explaining the protocol about how noise will be dealt with in your lease. That way people know what they are in for.

If potential renters looking over a lease that reads "hush tones and tip toeing after 9:00pm" they can say forget that place. Renters might look for a lease that says "do not complain to management about loud keyboards we will only suggest that you get a pair of ear muffs".

Managers need to upgrade, if they want to do a good and efficient job. This ambiguous "Rights and Responsibilities" is a mentality that sees renters only as temps who will be around only until they are ready for a house. We'll just work stuff out/wing it and soon everyone will be moving on anyway so why spend more time with the lease. The sign now, and deal with stuff later type of thinking.

Take a look at your leases they are full of FINE PRINT. Lets get real, and see some good leases that people have worked on and out. Why sign 2 years of your life away on a all fits one lease that cost 20 cents at the office supplies store.

People what about all that CHANGE everyone was talking about. Remember what JFK said. Ask not what your....
Stand up, say to Landlords "that lease is not strong in areas of quiet living let me read over it tonight. I will attach a rider and then maybe we can sign it another day".

If guy wants to play rock band it would be nice if he could have a better idea if management is likely going to back him up or not.

It gives management something to work with. Other wise managing is stuck either policing or being aloof.