Registered: 1463164665 Posts: 1
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Everything I have researched about nuisance laws are written about and for property owners. We have an issue with the tenants who live above us who show no respect and a total disregard for those around them. The property is a single family home that was turned into two units, with the upstairs tenants taking the first and second floors, and the downstairs tenants (us) getting the "ground" and basement floors. The house is partially built into a hill, so our first floor is below street level, but not totally underground.
The upstairs tenants will scream and yell at each other for hours at a time, they'll leave their dog outside for hours at a time as well (he howls and howls). The bedroom is directly underneath their front porch and living room, so when they leave the dog out on the porch, he howls right above us. He's a big dog, so it's quite loud. This has woken me up a few times now hours before I need to wake up in the morning. It happens in the afternoon as well, for hours, just as a general nuisance. The last thing anyone wants to deal with after working all day is to come home and not be able to get peace and quiet. Since our entire first floor is directly below theirs, anything they do we can hear all the way from front to back of our unit. We can hear their hour long arguments, we can hear them stomping all around, stomping up and down their stairs, their dog barking at them while they argue, etc. In short, during the day there is nowhere to go in our unit where we can't hear them, except for the kitchen. I'm not going to hangout out exclusively in my kitchen just to avoid them! They have argued until 3am before during the work week. The woman will vacuum (for whatever reason) up to three times a day at the most strange hours. She'll vacuum at 6am and she'll vacuum at midnight, she's vacuumed at 2am before, doesn't matter what day it is (weekday, weekend, etc). From what I can tell, she doesn't work, so she's always home. The man "moved out" last month and things were OK for a while, but he has since been around now in the past few weeks (I have yet to see him, but I can hear him!). But even without the man living there the woman will have friends over and be angry and yell at them! I can even hear her yelling at someone over the phone! Granted this is mostly a nuisance to just us, being the downstairs tenants. However it is well known with our neighbors that they're disruptive (and a bit insane). Local police have complaints and at least a dozen or so police reports for domestic disturbances on file for that property in the past few years. But every time the cops are called they either hide and pretend they aren't home, or the man lies to them and says there's no problem and "he has no idea why anyone would call the police." I believe they've lived there for about six years. Our neighbors have stated how disruptive they've been, prompting them to call the police in the past. One of our neighbors is a nurse and works late nights, so she often sleeps during the day hours. One of the arguments between our upstairs tenants has escalated off their property and into the street. She's yelled at them for this before, in addition to calling the police. This is one example of how it isn't just a private nuisance. To top it all off, we were told by our neighbor that about two years ago, the woman shot the man! The man was coming home from work, walking on the sidewalk towards the gate for their porch, when the woman came outside and shot him before he could get closer. No warning, no apparent reason, other than she wanted to hurt him (but apparently not kill him, she was trying to shoot him in the genitals I am lead to believe, instead shot him in the leg). Now if that isn't a public nuisance, then I don't know what is! Especially considering the man was on the sidewalk at the time, which means the event took place partially off their property. This story is verifiable because the man has also talked to me about the incident in the past (not just hearsay). I have, for the past few months now, stopped associating with them. But their drama has gotten to the point where my girlfriend is genuinely scared when she hears them fighting. We don't know when to expect one of them to shoot the other again. And we don't know if we are safe living right below them. A bullet is more than capable of going through their floor/our ceiling and potentially hitting one of us, or our dog! Is there anything in PA nuisance laws that applies to tenants and not just property owners? The landlord is a deadbeat and will not help us nor return our calls. But the issue is with the tenant specifically, and in the PA nuisance laws I researched only talks about if the individual causing the nuisance is the property owner.