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Posts: 1
Reply with quote  #1 
Little background:

I live in a no bedroom, efficiency type apartment. Incredibly small. The upstairs is the same way. There is also a huge yard in the back. Not to mention a kid's park a block away.

I moved into this apartment back in 2010, the owner at the time was an elderly woman, very nice and yet always handled disputes fairly and for what they were. Unfortunately, due to her age she was no longer able to handle being an landlord and sold the building in March of 2015. 

At that time, everyone still in the building (4 apartments total) were able to sign new 1 year leases with the landlord, except me as my original one ran out in 2011. The other tenants were fairly new at the time of the new landlord. 

Being here 6 years, I have always paid on time, and if there was a hitch with paying on time I informed the landlord before it was due. I am, also, that incredibly quiet neighbor. I work 3rd shift, so I sleep during the day, and am gone during the evening. I have worked 3rd shift the entire 6 years I have been in this apartment. 

I have been here all the while new tenants were moving in and out of the upstairs apartment. There has been some difficult ones, including one neighbor who had 2 large dogs and told the landlord they never bark. That was a lie. 

But none as bad at this current upstairs neighbor. He moved in a few days after Easter Sunday. The first week he was noisy, but I let it go as I like to give people who first move in about a week to get settled and adjusted. And that can cause noise. During his first week the Landlord would also be up there during the day repairing what apartment from hammering, to using powertools, and making a bunch of other noise. That noise didn't bother me. 

After that first week the noise has been downright unbearable. It goes on from 6am - until I leave for work at 11pm.  I wasn't sure at first if it was a kid running around, or a dog. A chance encounter one morning allowed me to run into the new neighbor and get acquainted with him. He said it's just him up in the apartment, but that he occasionally has his son, who is 4 years old. Told him about the noise, and was told he tries to control him. 

Was kind of hopeful after that discussion that he would really try to keep the noise to a certain level, but that didn't happen. On 3 occasions now, I have been woken up due to the running, stomping, jumping from couch to floor noise at or after 9pm, and once again after 10pm. 

I, finally, broke down and contacted the Landlord about the issue this past Thursday after being sent home from work for being so tired. The landlord simply stated he will talk to them. 

After that, it was actually kind of quiet up there. Until yesterday, I got home around 5pm, and the running and stomping was in full effect. I tried to ignore it this time, turned on my speakers and tried to drown the noise out with music. I wasn't blaring the noise as I am not interested in annoying my other neighbors. I guess, the upstairs neighbors could hear it as the noise then increased. 

A little bit later, I get a text from the landlord asking if I am smoking in the apartment. 
I know a lot of landlords are against this but let me say that when I first moved into this unit the original landlord said the previous tenant was a smoker and she was okay with it. When the new landlord bought the place he has been in my unit, and surely could smell the presence of it. The landlord has been up in the upstairs apartment when I have been downstairs smoking in my apartment. The upstairs tenant has been up there since around Easter, and I have been smoking in the apartment. Only now is it an issue after I complained about the noise. 

I told the landlord I would stop smoking in the apartment and then asked if he will do something about the noise. To which he asked if it was noisy today. And I told him that yes it is. To the point where I have been able to record a good bit of the sound. He wasn't interested. Instead, I received a response back saying I need to have a little patience, that the upstairs neighbor only has his TWO kids (neighbor told me he only has 1) 2 days a week, and that he is never home during the week. And asked me to work with him (landlord) on this. Both statements are a total lie. I have heard them up there more than 2 days a week, and have heard the adult there a significant amount of time to the point, I ask myself "Does he ever work?"

I responded to the landlord's text stating as much and also bringing up the fact that the noise goes well past 10pm. I never received a response. 

This morning I did receive a text from the landlord, asking if I was currently smoking in the apartment. I was not at home, I was in my car heading to make my car payment. I told him as much, and he asked if I thought it was the neighbor up front. I don't know. I think the guy is lying, personally. 

What upsets me is that the neighbors complaint about smoking, all of a sudden, is more of a concern for the landlord than my complaint of noise. 

Yes, I work 3rd shift but I am not sensitive to noise, everyday noise. There has been a tenant in the past that had a 3 year old and a new born. I dealt with it, they were respectful and fine. This noise is beyond that. And now that I have complained to the landlord, the noise is now being done on purpose even worse. But the landlord is sticking up for them. 

From my understanding, quiet enjoyment only applies to the landlord bugging a tenant, But does peaceful enjoyment exist/apply? Do I have the right as a paying tenant to come home and enjoy my home without constant noise of this degree that has my windows rattling? You can hear the stomping from outside! Or am I just a paying tenant that now has to cater to the upstairs neighbor? 

I know the obvious answer is to just move, and while I really can't financially afford it, I know I need to otherwise I will lose my job due to the stress and lack of sleep. I just want to know if I have any rights at all. As a always paying tenant of 6 years, without a lease. 

** For what it's worth, I know noisy neighbors with kids can be an iffy issue. But this is not a case of kids being kids. Especially, now that I have complained. This is more than just the pitter patter of their feet. There is also a yard in the back they could play in, yet they are never there. 

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