I would try to find a way to record the disturbances, preferably on video. Then confront your management with it and tell them that you are going to break your lease pursuant to the doctrine of constructive eviction unless they do something about it.

Oh - and put everything in writing so it's preserved. That means, if the management responds to your complaints verbally, follow it up with an email or a letter stating "I am writing to follow up our conversation on X DATE, in which you told me that you would not take action on my complaints about the noise from a neighboring apartment because the neighbor works for your company. If I misunderstood your response, please clarify your position, in writing, no later than [1 week from now]."

We just had the same problem in our last apartment. The guy above us was a painter for the management company. We were really nervous about turning him in, because of his access to all the keys for the apartments. We didn't want him to know it was us ratting on him and then him trying to get into our apartment.

Ugh. I'm so sorry! I have had similar noise problems but never from someone that the management protected.

Babyfish has it right. Document EVERYTHING. It's tedious but its the only thing that will support you when you are inevitably forced to break your lease due to lack of sleep. Also, contact your Alderman's office to see what your options are. Or, even better, a friend whose familiar with the laws surrounding property management, etc.

To follow up on gibbler's post: if you don't have a friend who is familiar with those laws, a law library can be very helpful. Even a regular library might have useful info if you live in a town/city of measurable size.

I've had issues with the neighbors in the *next* building across the alley. Their drunken parties would go to 5am and I could hear every word in the conversation...two rooms & an alley away.

I've researched what you can and can't do about this and found that the police want you to 1) contact the noise maker and ask in a calm manner to be quiet and if that doesn't work, then 2) contact the building manager before "bothering" the police. If the building manager fails to take care of the problem and it persists, you may call the police.

However, they will judge how loud the music is by how well they can hear it from their squad on the street or front door of the building or even the noise maker's door. Only then do they make the decision on whether to issue a noise citation. It's never a guarantee.

Best solution? Blast opera or classical in short bursts at 6am in their direction (KIDDING). Seriously, though, all of the above posters have good advice.

I feel so badly for you. I had the same problem only I owned the condo and the 2 elephants above owned their's.

I agree that you MUST start writing down everything that happens, date and time. Even go back and try to piece together what has already happened.

I would start communicating with the landlord in writing and request that he do the same. He won't want to but it will give him a message that you are serious.

There has to be an agency of some sort that assists renters. Have you checked? If the neighbor generally carrys on for a period of time I would also consider calling the police when it starts so they can document the noise.

The gardenweb has an area on apartment living you might want to read. Here is a link that might point you toward some help. Good luck!

http://portal.hud.gov/portal/page/portal/HUD/topics/rental_assistance/tenantrights

I would read very carefully through your lease: many of them have the legal methods you must pursue before you can break your lease. If you start initiating the process, they usually act ASAP.

As everyone said, get everything in writing. Don't ever drop off the letters, or email them even, but send them registered mail so that someone has to sign for them and so that you receive a receipt ("Oh, sorry, we didn't get it in the mail" or "Huh, guess that got caught in the spam filter" go out the window as excuses in that case). There's usually an apartment renter's or owner's association in states, and they might have advice for what procedures you need to take (ie the Texas Apartment Association).

I had a problem with my air conditioner that a landlord refused to acknowledge until they received a registered letter complaining about it. You bet your bippy it was fixed within 24 hours.

It might be good to do some Googling to see what rights tenants have in your area. Call the police's non-emergency number for advice on the situation or to file a noise complaint. Maybe if the police get involved then the management will see that you're serious and finally do something. Good luck!

First, I'd go talk to the tenant.

If the management isn't going to do anything about it, then you should. If there's still a problem after that, then break your lease. If your management company isn't going to have your back, then there's no point in staying.

I had that problem once. Only the gal next door blasted her (horribly bad) music SO LOUD that it was worse than being in a club. In my apartment next door. It drowned out my TV. It knocked pictures off the wall.

I asked her to stop, nothing.
I asked the leasing office to stop it. Multiple times. Nothing.

Thankfully, she was a deadbeat, and her mom moved into the apartment with her. That stopped it.

I hate to play devil's advocate, but as someone who has lived in rickity old Chicago apartments and experienced both sides of this problem, are you sure she knows she is making that much noise? The first thing I would do is contact her, nonconfrontationally, of course (that makes it worse). She may truly not know that you can hear her. If that is the case, problem solved. Or, she could be really just be a menace, in which case I would just continually contact your management company. The squeaky wheel gets the grease.

what if you try and talk with your neighbor and she won't answer the door when you knock/ring the bell? That is how it works with my upstairs neighbor. Mother/teenage daughter. Lots of screaming fights (as teens are likely to do...) Once I heard a terrible noise, sounded like a large piece of furniture fell over or broke...I knocked. No one came to the door. Another time I tried to ask them to stop yelling because I was tired of hearing it, again, no answer. After a while the fights stopped - for a couple of years-- apparently the daughter has a BF now...the fights have resumed... Once in a great while, I'll actually leave the house when it gets really terrible. At least they go to bed at a reasonable hour, and when they are upstairs, I can't hear them. Thanks for small favors, right?

With one exception, I've gotten good results from making it into a joke. Like saying "I'll waive my $1,500 speakers fee, just to let you in on the secret of closing the front door..." and then go on to say that their door, stereo, tv, comings and goings are incredibly disturbing.

A newer neighbor had been coming home at 2:30 am. It got to the point that I was waking up just before they got home, it was like an alarm clock.

I finally approached one of them after a loud slam (leaving in the later morning) and the young lady had no idea.

And here's why: The rest of the long-time regulars do not slam their doors, blast their stereos/TVs, have loud late gatherings. We already learned about noise.

But, the new people, not hearing ANYTHING, assumed that we didn't hear what things they were doing.

Other joking moments I've used are asking if they are practicing wooden clog dancing. Just learning to juggle bowling balls. Stage diving from their sofa onto the floor.

A recorder could help. Play back to them what you are hearing. You can add it to the joke: "Here's where you drop all three bowling balls!!!"

I'm on the board of my condo association. If you rent from an owner, you should have them contact the member at large. They should lodge the complaint on behalf of the people not the board or the management company. If your MAL is spineless then you have a problem. If the owner of your unit has no problem with replacing you as tenet then your going to have to move.

I once lived in an apartment for a year with incessant noise, courtesy of numerous neighbors. I talked to every single one of them, first as politely as I could, and when they wouldn't stop (and sometimes were extremely rude in return), I complained to management, and when management wouldn't do anything, I made noise complaints to the police. This went on, as I wrote, for a year. (Unfortunately, before the noise got to be a real problem, I had signed a lease renewal to ensure that my rent wouldn't go up.)

Eventually, I couldn't take it anymore, and leased another apartment, and then tried to get out of the lease I was already in. I tried talking to the property manager, and she attempted to brush me off, so I went to the company president with all my documentation. It took a long time, but when they saw all the documentation and saw that they had done *nothing* to resolve the problem, they let me out of the lease (of course, after first offering to "help" me find someone to sublease my apartment for the remainder of my lease--which I said was an unacceptable solution).

So, yes, definitely document every single thing. It'll be the only way to get out if they persist in being totally useless. Depending on the laws where you live, they may be allowing a nuisance on their property, which may well allow you to break your lease.

(One thing to be wary of--and one thing that did scare me off from actually suing them--is any clause in your lease that says you will be responsible for legal fees if they end up having to pursue legal action against you and you lose. It doesn't mean you can do nothing, but, like I did, I ended up just dealing with managers/president/owners directly, over several weeks.)

Good luck! As you can see, there are so many who deeply sympathize with you in this terrible living situation.

I had an upstairs neighbor like that. I blasted John Coltrane's Ascension at him - put the stereo right next to the ceiling - and went out for a cup of coffee. Had to do it a few times, but it silenced him eventually.

I'm going through something similiar unfortunately! We just moved in 2 wks ago and the people in front of us and the tenants below us are smoking pot 24-7. Sometimes our apartment reeks of it so badly, even with all doors and windows closed. My children are making comments about the smell too! I emailed the property manager yesterday evening (office closed) because it was so bad that my 6 yr old was feeling ill from the smell. She still hasn't replied in any way. Any ideas????

I'm moving to my new (and better) place because of this very issue. The people above me have their parents pay rent, as a result they don't work. This in turn has them partying, BOWLING, etc. from 1am to 6am every single night. I've started going to the gym at 3am and coming home at 6am to sleep before work.

If your management company is law abiding, send them a certified letter with the complaints. Easiest way to document it is to send yourself or someone else an email with it documented time/stamped. Also make a compliant via phone to both the management company and a general inquiry call to someone like 311. Document that.

I never did this, but I was told after sending the certified letter, put your rent in escrow until they resolve the noise issue. Legally you are paying rent, but they cannot access that money until the situation is resolved.

I wish I had enough moxie to do that last part, but I'm very much a don't rock the boat type of person. My resolution was to move.

we had a neighbor who would party and blast music starting midnight. their backyard faced our backyard/bedroom window. so it was literally music being blasted into my bedroom. after thinking of calling the police on them i went over during the day and talked to them about their late night noise and if they continued with it, i warned them the next time i would call the police. the late night noises stopped after that. i think it's best to first talk to your neighbor. and then then see what happens.

i was only 14 years old when i did this. i honestly believe most people have no idea that their noisy behavior is heard.

Is this in Koreatown on Grammercy Pl and 9th? LOL

@ Sammi:

Most leases have a no drugs/ no illegal activity on premises clause.

I'd suggest talking to your neighbors first-- you and your husband can go over in the guise of introducing yourselves, bring some muffins, and mention that your kids have allergies/ asthma and thus get sick when exposed to pot smoke. Seriously.

If the behavior persists, talk to them again, and let them know that there won't be a third time, you'll be calling the landlord.

If the landlord doesn't do anything about it, call the cops. I'd be surprised, though, if things didn't get better after the first visit, especially since kids are involved. Good luck!

You all are reminding me why I am so glad I don't live in apts. anymore!

I'm in a similar situation, our neighbors upstairs seem to be fond of rearranging every piece of furniture they own every night at about 3 a.m. I've found that simply talking to them helps. They're young, so it takes reminding once in a while, but they have learned to at least pick up their chairs when moving them instead of just scooting them around.

tell them to fire her or you are going to sue the management company for negligence. Explain the amount of liquor bottles that she throws out are often in the wrong recycling container and often broken. One of your neighbors almost cut them selves moving the bottles to the glass recycling bin. Next time the garbage inspector is around put some alcohol bottles, hers would help, in the paper recycling, when the building is getting problems and fines they will take care of her themselves.

There is a bigger chance of talking the management company to just rip up your lease so you can move than there is of them stopping your neighbor from annoying you. I'd do the documentation, try to find a new place, and then bring it up to the management - like here's so-and-so doing all this and all I want is to move. They can replace you fairly easily.

Trying to fight with the management company to ask the neighbor to play nice if she works for them will more than likely get them to find a reason to evict you...some lease terms actually prohibit you from being able to just scream at the management team. Plus you just get stuck with legal fees if you try to fight them in court - management companies tend to win. So if I was you, I'd just move.

Been there. The "manager" at my old building was a pastry chef, and therefore, couldn't abide any noise past 6pm, but was frequently leaving the house loudly at 3am, and never slept past 6am on Sundays. It was unbearable.

We tried mediation with the property management company, which didn't do anything. Since he "worked" for them, they were on his side.
I took careful documentation, and every time I was woken up, I called the management company to let them know.

The only way I could fix it was to move, which was a damn shame, because I was in a gorgeous building in a kick ass amazing neighborhood, too. But living there under those conditions was killing my spirit. I felt I couldn't be myself there, that I was unsafe, and that I wasn't at home in my own home.

I recommend keeping a record of all of the times you're woken up. If you're concerned about her drinking, leave your window open and if you hear her outside... this is going to sound childish... but call the police. If there's a drunk in your building, you have every right to complain to as many people as possible.

I would document everything as was already mentioned - I would also confront her directly - maybe she has no idea she can be heard - and I would have no problem calling the police (not 911). Only I would make it more ... she needs to be checked on ... there was a loud thud to the floor. That just might humiliate her into cleaning up her act.

"Trying to fight with the management company to ask the neighbor to play nice if she works for them will more than likely get them to find a reason to evict you..."

I don't agree, a good business person would expect their own employee behave appropriately. Unless they are morons they should know that the next tenet is going to have the same complaints. She is likely the reason they had a vacancy in the 1st place.

I am a lawyer and dealing with a similar problem. Here is what to do, in order:
1. Talk to your neighbor politely
2. Look at your lease and see if nuisance is prohibited. It should be in there.
3. Send a certified letter to your neighbor, and copy the managing agent, saying that he or she is in violation of the lease and you plan to pursue al remedies in the lease and at law.
This should get the managing agent moving.

advice from a resident manager:

-everyone is right, document EVERYTHING. every time the noise happens, every conversation with the staff, including time and date.

-most of the time management prefers to deal with noise problems on their own, but if they're refusing and you feel comfortable, talk to the neighbor or send a letter and give the office a copy. if it's really bad, definitely call the cops, then you have witnesses to the noise.

-if it's owned by a management company rather than an individual, don't bother with the leasing office anymore. ask for the number to the corporate office or a the immediate superior there, since no one at the complex will help you.

-look over your lease and see what the rules and terms are. if you need to threaten taking legal action, do so. or maybe ask if they can transfer you to another apartment in the complex.

hope that helps!

one more thing:

ask the management if they could come by the next time the noise is happening to hear it themselves. if they offer any kind of after hours service or have security on site, make use of it! that's what they are there for.

Personally, I will not live below somebody; I like to be the one upstairs making the floors creak while playing my records and drunkenly dancing. Next time, rent the upper level!

Thanks Fat Kitty! That's a good idea! : )

What can/should a rental company do about reoccurring noise? I call downstairs at least 3x a week because of my neighbor blaring his music, often more because he'll turn it down and then turn it back up 20 min later as though that's somehow ok. They do call up to him to tell him to turn it down and they will go up and knock on his door, but I'd love to know if there's anything they could do to stop this from happening in the future.

I also tried politely talking with my neighbor about the noise and his smoke (most people in the building who smoke do so outside) and he just mumbled that he likes his cigs and music, I should deal.

This is a great post for me. I otherwise love my apartment (low rent for the area, great location, they allow my cat) but the noise and serious second hand smoke issues are really bothersome!

most cities have a noise ordinance in effect. find out how much noise is acceptable (decibels) during what time periods per ordinance, then video/record the noise disturbances. you can even get an instrument to measure the actual decibel level on video in case you ever need to take someone to court (either your neighbor or your landlord). i've been on both sides of this -- the last place i lived, i was sandwiched between an extremely early A.M.-noisy-and-inconsiderate-type (cowboy boots on wooden floors, dropping large objects, playing ball with his rambunctious kitten at 3AM on a work night) and a guy downstairs who drove my predecessor out of the building in fear(!) because he was harassing her -- he was oversensitive to everyday, legitimate, within-the-boundaries-of-our-noise-ordinance activities. if you live in a building with hardwood floors, there is going to be SOME noise during daylight and early evening hours, even if you take shoes off, which I ALWAYS do. i had to call the police 4X on the upstairs guy (got no help from management after talking to the guy twice) AND my car was routinely being vandalized on the street on by the crazy downstairs guy, so i decided to move. :-) i will never live below anybody again. but my downstairs neighbor here swears he can't hear a thing -- even with two rambunctious full-grown cats!

@bethanylcm-

When a neighbor is being noisy, the first step is a verbal and/or written warning. If the noise continues to happen, they should be serving the neighbor with a 3-day notice to perform covenant or quit (meaning stop the behavior or move out of the apartment). If the noise continues after that, it should move to an eviction. This is especially true if the management is knocking on his door to tell him to turn it down because that would mean they are witnessing the behavior themselves, which is what they need to do if it become an eviction and they go to court. Make sure you document everything, and also that the office/management is documenting everything. Ask them to come listen to it whenever it happens so you have a witness. You always have the option to transfer apartments also, although that can be a pain.

For the smoke you can ask maintenance to come in and make sure that all the areas around the pipes and vents are well sealed off, or maybe they can put extra seal around it. I find the most common areas that my residents smell smoke is from under their sinks, so we put extra seal around the pipes there and that helps a bit. If you happen to live in a smoke free building or there's a clause in the lease about smoking indoors, you could bring that up with management. Hope that helps!

remy - No one is going to cause problems around the office...the woman upstairs may have leverage over them or even be their boss to some extent. In a real world, the person who is being annoyed has a better chance of getting out of the lease than getting peace. So instead of winding up in court to waste money, the money could be better placed in the next place.

remy - No one is going to cause problems around the office...the woman upstairs may have leverage over them or even be their boss to some extent. In a real world, the person who is being annoyed has a better chance of getting out of the lease than getting peace. So instead of winding up in court to waste money, the money could be better placed in the next place.
posted by ChrisGal on May 4th 2010 at 7:46am
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Or just bend over. Same thing.