I live in an apartment complex and have 9 months left on my lease. I am having a terrible time with noisy neighbors that live above me (I live on the ground floor). They have small children that run and jump and perform sumersaults, etc. I understand that there is a certain amount of noise you have to put up with in an apartment community but enough is enough. The kids run from one end of the room to the other and then back again not once but 8 or 9 times. The running picks up a lot around bed time, so I think the parents are trying to wear them out so they can get to sleep quicker. I can hear them sliding furniture around on the hardwood floor above me. They drop heavy things on the floor and the thud sends my 2 cats into a panic. Sometimes when I hear a noise coming from the other room, I can’t tell if it’s coming from our apartment or their apartment. It’s almost as though we live together in a commune.I have talked to the apartment manager about it and she said she would say something to them. She either never did that or they ignored her because the problem continued unabated. A couple weeks ago, I went to see the manager again and she told me once again she would take car of it, to no avail.
I’m through with it. I can’ take another 8 months of it. I am moving even if I have to break my lease, which willl cost me about $5,000.
I said all this this to ask the question:| do I have any recourse to avoid paying the lease break penalty?
that’s a good idea. Relocate. But in 3 months it could be a repeat.
When I was first married (a long time ago 4+ decades) we moved into a solid concrete apartment complex that had mainly retirees. We could not fart without someone complaining. That said, I get your point about the children (raised a bunch). Even on the calmest days, it’s rolling thunder.
not sure what your life style is like, but maybe noise cancelling buds or headphones? Screw the cats.
Have you thought of keeping a log of the noises including dates times and durations? Then give a copy of the log to the manager and request a rent abatement. If no response from manager, sue for rent abatement in small claims court. Much better than breaking the lease and trying to prove an affirmative defense
This could be my post except I don’t have cats and I’m in a condo. I’m an 18-yr owner here with a family of renters above. After my early complaints to the board I felt like a pariah. The response was basically that of course a family of 4 with a dog is going to make a lot of noise and I was just being a cranky old man.
But “noise” is not even descriptive. It is a physical pounding that I feel as much as I hear. My apt literally shakes. I was advised to contact the county noise office or make a police report. This is not a county or a police issue; it is a board refusing to engage in such a domestic issue. Even tho the morons upstairs have no carpet, despite a condo requirement.
As renters I thought they would be gone B4 too long but we are now several yrs later. Another wrinkle is that the owner, their landlord who lives off-site nearby, seems to be someone’s mom or aunt, so the renters probably don’t really fear any repercussions. (I’m not even sure they actually pay rent but that’s another story). I might or might not be a cranky old man but they seem to me to be young and entitled and behave like they have a free pass to do whatever they want without consequence.
I guess I have no real point or help to offer except to say that I share your pain and frustration that a single neighbor chooses to crush your quality of life simply b/c they can and no one gives a damn. But honestly, after all these years, I would be losing my mind with excitement if I could see an end to my nightmare in “only” 9 more months.
Could you record the noise by date over a period of time and document your visits to the manager. Maybe, ask the manager to sign and date each complaint visit? The manager answers to someone above them, so inquire as to who that is and proceed up the ladder of responsibility.
First find out from your police department if there is a time range for noise complaints to be made to them. Often 10PM to 6AM. is the no excessive noise by neighbors zone.
Go in person (daytime) to the apt above, at a time when you hear them in action. Calmly describe what it is like in your unit. They may not even know you are complaining to mgmt. You suspect mgmt is not telling them. Perhaps they will back off at least some of the noise. No threatening them anything. Just request and see what happens after. At least you will have tried … but …
If you cannot do that; or they do not back off – if the police are an option based on your inquiry to them – yes, call the police in that time zone.
Regardless; police or not; if it continues – then escalate with mgmt. Who owns the complex? A letter mailed to owner; copy to apt manager; include verbage from your lease that the above apt is violating. (include police report if they respond to noise complaints) Give some time limit. State if they cannot resolve the issue in X time then you consider THEM breaking your lease. (Stop there; do not say if / then. Let them come to you)
If X time comes / goes and no contact from owner / mgmt … time for a lawyer’s letterhead. Cheaper than the $5K to break to lease, right? Don’t know a lawyer for this? Call a realtor or property MGMT company – they will have referrals.
Right now you feel helpless. Take action. That will take back your power. You will get immediate relief that there is an end in sight. Be prepared worst case, out $5K for your sanity – worth it. But perhaps it will get resolved – even if it means relocating you to a TOP FLOOR unit w/out $5K penalty
Unfortunately you already know a call to the apt office is not going to result in the noise stopping. It is the game. They are there to keep the units rented and collect the rent and keep the owner in the dark about complaints. Most everything else is low priority – until YOU make it otherwise!
Just some thoughts for you for the immediate situation!
Of course, make yourself a promise, to NEVER live in a unit that is UNDER an apt; ever. Even if all rooms have carpet. While at it, try to get the end units; less shared walls. If you must be on the ground floor for some reason, only rent single story apartments. They are out there.