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I think theres more to this than what we are reading so far .. 99% of the time kids are allowed to be kids .. TODDLERS are kids under the age of 4.. not quite big kids and able to understand the word of silence! ..
If thats the case most judges will NOT evict .. they would suggest to the land lord that the family move to a first floor apt or to make other things happen ..( are the floors hard or carpeted? )
Now its stated that the trouble started with the new folks 3 weeks ago .. and the OP has lived in the place for 2 yrs .. ok.. so was the lower apt unrented all that time? I hardly think so .. I'm thinking that the new renter is trying to either sleep in the day ( job issues) or they just arent noise of any sort tolorant )
In Mn noise issues are considered part of life durning daytime hours .. and little is done especially if its kid related and they are little kids .. kids are gonna be kids and the world has to get used to that fact ..
I'm not totally saying its the lower apt being a grump but theres some folks who are just to touchy about the rule of quiet enjoyment .. ..
ya gotta wonder ..
(some folks have a fit if the upsairs renters even walk across the floor in stocking feet ) Apt living isnt for everyone and some folks just shouldnt ..
I have to be the voice of dissent in this. I do agree that if there is a noise clause in your lease you need to comply with it, but no one has said to check your lease to see what the rules actually say.
If there is something in the lease that says what the rules are, they won't make an exception because you have children. The rules are the rules.
However, if there is not something in the lease or in the building rules, then city or local law prevails. In my area, that says that you can't make noise that can be heard within another dwelling during night time hours (I think it says 9 PM to 6 AM, but not sure). It says nothing about daytime.
Point being, that they can't give you a notice to vacate without grounds. You should verify that those grounds exist. No one here knows what your lease says.
All that said, as someone who has been a tenant and a property manager, it is very annoying to have loud noises coming into an apartment all the time, even if you aren't a day sleeper, it means you can't enjoy your apartment. I agree with those who say that a 2nd floor apartment with small children isn't the best situation.
I agree with what Lanceta says .. but beings that the apt knew and rented to the OP with children they cant use that as means of getting rid of her( kids in 2 floor apt ) .. Like I said somethings arent explained well .. I have questions ..
Management may have rented them a second floor apartment, still if the noise level is high enough, tenants will voice their complaints, management has to to address the problem for a resolution.
The first step will always be a letter, giving the tenant the opportunity to remedy, this may not be managements first attempt.
We would go ahead and move, but just 7 days ago we sign another lease for a year, with no reason not to. We didnt know there was any problems going on. Then seven days later we got that letter on the door. So if they evict us we have to pay the rent till they can get some else to move in, or for the rest of the lease (year). But if we break the lease all we have to do is pay 2 months rent, which would be hard cause we would still have to pay for rent on another place and movers, which is money we dont have during the hoildays. We had people below us that just moved out 3 months ago and never had any problems (they lived there since we moved in). I always try my best to make sure my kids dont run or jump. but with a ADHD kid they dont always remeber what i just told him not even a minute ago. I take him out to play everyday ect. I know the tenants below will complain again, But do you think that the management could move us to another apartment below or whatever and pay for the movers(the big items)!? We talk to the management right after we got the letter and they said if worse comes to worse they will move us to a apartment that has nothing but garages underneath, but they have none
available right now. So i'm not really sure how that is suppose to help. Its not like i'm some parent that doesnt care how loud my kids are, and let them run around doing what they want. I care about how loud they are and trying to be quite as much as possible for the tenants below but there is only so much i can do. And there is a small part of me that the mangament is just trying to get more money out of us, but i'm not sure
Then seven days later we got that letter on the door. So if they evict us we have to pay the rent till they can get some else to move in, or for the rest of the lease (year). But if we break the lease all we have to do is pay 2 months rent, which would be hard cause we would still have to pay for rent on another place and movers, which is money we dont have during the hoildays.
Quote:
We talk to the management right after we got the letter and they said if worse comes to worse they will move us to a apartment that has nothing but garages underneath, but they have none
available right now.
Your explanations are getting more and more confusing. Either you are misunderstanding or not explaining everything here.
First of all, if you are evicted, the lease is terminated, so you aren't responsible for rent after the date of eviction. If you are late on previous rent, you would owe that, but you wouldn't owe any future rent. So if you are evicted you won't be forced to pay either 11 months or 2 months more of rent.
It seems highly unlikely that a landlord that renews your lease and is willing to consider moving you to another unit would simultaneously be trying to evict you. Are you sure you've actually received an eviction notice, and that it is from the landlord? Maybe the neighbors are just trying to scare you into being quiet by posting an official-looking letter on your door? Or maybe the notice is about something else? A true eviction notice should look something like this: http://farm4.static.flickr.com/3504/...cc42ede0_o.jpg with contact information for legal assistance and a court with oversight of your eviction proceeding.
Have you actually talked to your downstairs neighbors or are you only hearing about their complaints through the landlord? It would be an unusual arrangement, but maybe the solution is simply for you two to trade apartments. The unit below is probably the same layout as yours. Maybe they would agree to move upstairs and you could move below so they wouldn't have to hear your kids' noise as much.
If your son's ADHD is so bad that he can't remember something from one second to the next, he needs significant help. Even if you don't have insurance, your state should have some program for uninsured kids that would allow him to receive treatment and medication. Medicine doesn't do it all though. You've got to teach your son what proper behavior is. He isn't going to be able to use ADHD as an excuse for running amok in school or in college or in a job or in a relationship. If you want him to have any semblance of a normal and rewarding life, you will need to enforce some boundaries.
Tell the LL to buy your lease out and give you some incentive to move .. .. since you just signed for a new lease I think they are more likely to try to work with you and appease the downstairs guy..
ask for a lower floor apt .. if they arent willing to work with you even tho your locked into a new lease I would push for a buy out and release of the contract or make them take you to housing court ..
99% of the judges are gonna side with you .. especially if you have all your rent reciepts and everything is in order other than the sudden noise issue from below ..
..
Quote:
Originally Posted by Kodaka
If your son's ADHD is so bad that he can't remember something from one second to the next, he needs significant help. Even if you don't have insurance, your state should have some program for uninsured kids that would allow him to receive treatment and medication. Medicine doesn't do it all though. You've got to teach your son what proper behavior is. He isn't going to be able to use ADHD as an excuse for running amok in school or in college or in a job or in a relationship. If you want him to have any semblance of a normal and rewarding life, you will need to enforce some boundaries.
wanna bet?
1. the landlord /judges wont/cant discrimanate
2.if the OP is paying $1200.00 rent they make to much for state help ..
3. it takes time to get ssi on disabled kids ..
======
most of you are going on the fact your thinking a severally disable ADHD child is controlable .. they are not .. neither is an autistic child .. you cant spank the kid into compliance ..
the law of disabled and handicaped is gonna side with the kid and family .. sucks huh? well thats the fact of it ..
as long as everything is kosher for the op with rents paid on time and not being a issue with the ll (other than noise thats being just now talked about the downstairs folks are gonna have to suck it up or break thier lease .. ..
wanna bet?
1. the landlord /judges wont/cant discrimanate
2.if the OP is paying $1200.00 rent they make to much for state help ..
3. it takes time to get ssi on disabled kids ..
======
most of you are going on the fact your thinking a severally disable ADHD child is controlable .. they are not .. neither is an autistic child .. you cant spank the kid into compliance ..
the law of disabled and handicaped is gonna side with the kid and family .. sucks huh? well thats the fact of it ..
as long as everything is kosher for the op with rents paid on time and not being a issue with the ll (other than noise thats being just now talked about the downstairs folks are gonna have to suck it up or break thier lease .. ..
I think you have a very solid misunderstanding of both the law. Discrimination only exists if the affected party is a member of the protected class, if the action against them is due to their protected status and is the only reason for that action, and if there are reasonably accommodating alternatives to that act. If the landlord is evicting because of the noise the whole family makes, and not just the ADHD child, that isn't discrimination. If the landlord has granted occupancy to anyone else with this condition, they are not discriminating. If the landlord has no other means of accommodating the ADHD child's needs then they aren't guilty of discrimination. And of course, anti-discrimination regulations only serve to give protected classes equal standing, not higher standing than those outside of the protected class. Having a child with ADHD does not grant the tenant more rights than other tenants, only equal rights.
Furthermore, success in life is about a whole lot more than just what is legal. Successful people don't make excuses or whine about the struggles and hurdles they've faced. If this child doesn't learn to overcome their condition they are looking at a fairly lonely and mediocre existence. A school may have to make certain accommodations but they aren't required to award top grades. A college may have to admit an average applicant and maybe give them tutors, but they don't have to award a degree or honors. An employer may have to hire someone with an average academic career and basic skills for the job but they don't have to reward them with promotion, advancement, or a good salary. And no one has to be friends with someone who is unpleasant to be around. The person to help this child overcome all of these hurdles is the parent, and it is easier to do at an early age than later in life.
Under the circumstances you've stated, your worrying about nothing.
If you've told the PM transferring is acceptable, then there's a resolution, availability is the issue.
So, what you want to do is put a letter together asking for a transfer to 1st floor awaiting availability, date and sign, mail one to yourself and the PM certified mail (don't open your copy, but keep in a safe place). It will cost a few dollars, this will protect you between now and the time of transfer. Unless you should not pay rent, that's another issue entirely.
Good Luck
Quote:
Originally Posted by redlight1
We would go ahead and move, but just 7 days ago we sign another lease for a year, with no reason not to. We didnt know there was any problems going on. Then seven days later we got that letter on the door. So if they evict us we have to pay the rent till they can get some else to move in, or for the rest of the lease (year). But if we break the lease all we have to do is pay 2 months rent, which would be hard cause we would still have to pay for rent on another place and movers, which is money we dont have during the hoildays. We had people below us that just moved out 3 months ago and never had any problems (they lived there since we moved in). I always try my best to make sure my kids dont run or jump. but with a ADHD kid they dont always remeber what i just told him not even a minute ago. I take him out to play everyday ect. I know the tenants below will complain again, But do you think that the management could move us to another apartment below or whatever and pay for the movers(the big items)!? We talk to the management right after we got the letter and they said if worse comes to worse they will move us to a apartment that has nothing but garages underneath, but they have none available right now. So i'm not really sure how that is suppose to help. Its not like i'm some parent that doesnt care how loud my kids are, and let them run around doing what they want. I care about how loud they are and trying to be quite as much as possible for the tenants below but there is only so much i can do. And there is a small part of me that the mangament is just trying to get more money out of us, but i'm not sure
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