Is it wrong to expect my neighbors to significantly tone down their noise level after my toddler goes to bed?

Question

Okay, we just got new downstairs neighbors two months ago. We live in a 2nd story walkup with our 20 month toddler, and don't even get a porch or a yard to hang out in, as they constantly tie their finicky cats out(and let them p**p all over the place) and shoot bb guns at the tree, causing large splinters to be all around. They live below us, and are noisy as heck. We are big people, and our floors are squeaky, but it constantly sounds like they are up on the roof stomping around. Right now my daughter is in bed, and someone's down there playing what I assume is guitar hero at a high bass setting, so my floors vibrate, while their p*****n son and friends are running all around the house and screaming. We keep the windows open for air flow, and it gets miserable if we shut them to keep out the noise. I've yelled out the window asking them to be quieter and someone just laughed and said yeah right. I've also pounded on the floor above the game player to let them know it's too noisy. They apparently don't care. I can't go down there and leave my daughter unattended, even if she is in bed. My landlord went on and on about how they are such good tenants, and I'm starting to think he's on crack, lol. Is it wrong to expect them to keep quiet after 730 pm? We are strict parents and don't allow my daughter to make a lot of unneccessary noise during the day, is expecting them to be quiet, at least during the week too much to ask? I don't care about weekends(they have a large group over every weekend and make noise until 4 am) If I bring this up to our landlord, he may well decide we're the bad tenants because we'd be being "whiney", and the man actually kicked a 85 year old woman out in the middle of the night once, so I don't want to anger him. We will move after our lease is up, but until next june, how can I deal with this? Any suggestions? I don't want to call the cops and deal with unneccessary drama. Thanks!

Answer 1

There isn't much you can do to get them to be quieter.  There are no laws for loud noise except after 10 PM.  I know it bothers you but you will just have to make changes yourself.  Maybe put a radio on in your daughters room or put a fan on so she won't be disturbed by the noise.  It is rough having to share the same building with other people, but you just have to do the best you can!  

Answer 2

No it's not wrong to expect quiet peaceful enjoyment of your residence.

You said you do not want to deal with "unnecessary" drama.  Fair enough.  But you only have so many options before you are faced with either putting up with it or moving out.

Try the following:

1. In as courteous a manner as you can, try reasoning with the tenants at a time when they are not being noisy.  Tell them you would like to work something out that works for everyone.  Try having them over for coffee but explain why you would like to get together.  If this doesn't work and they are totally not interested then you have to take things to the next level:

2. Get your hands on the Tenancy Act that applies to your region and see what your rights are.   They vary from state to state but they all share common terms.  Noise violations is a very common one. Read your tenancy agreement thoroughly.  This is not rocket science.  You have agreed to very specific conditions.  Conditions that go way beyond just paying rent on time.  Conditions that if violated can result in any  tenant being evicted.

A landlord cannot evict you for complaining.  He has a responsibility to investigate and make right any and all complaints no matter how often they are made.

3. When you have documented your complaints and advised the landlord(in writing) you have every right to expect action.  Give the landlord a reasonable amount of time to deal with the issue.  He has the power to warn the offending tenants downstairs and to evict them for repeated disturbances.  If this approach is not working because the landlord is dragging his feet then it is time to take things to the next level:

4.  Since by now you will already know your rights as a tenant and your landlord is not protecting them but is stalling, weaseling and avoiding then you will have to take legal recourse.  Find out what provisions there are in your state for taking this action.  If small claims court is the way to go then that is the way you will have to go.

The tenancy agreement is a 2 way street.  When you signed your agreement you did not sign away your rights as a tenant or as a person.  But if you do not exercise your rights then you leave yourself with 2 options: put up with it or leave as I said earlier.

Leaving will result in breaking your lease which will cost you.

But if you pursue legal action and go after the landlord for not fulfilling his obligations to provide quiet and peaceful enjoyment of the premises you may find that the landlord will be more than willing to deal with the issue- especially if he is ordered by a judge!

There are many good landlords out there but there are also some who are quite happy to receive your monthly check but not make good on maintaining a respectable property.  

I see no other options available to you.  Good luck.  You are in a difficult situation and June '09 is a long ways away.

Addendum:

Don't know why I was using the word "convicted" instead of evicted.  I've changed it.  Sheesh.  I must have been really tired.

Answer 3

Most cities have a noise ordinance in place AFTER 10pm.   call your police,  if the manager trys to kick u out for asking for piece and quiet... u take him to court and he will lose!

Answer 4

Just because you have a toddler it's not your neighbor's job to keep it down at an early hour simply because she goes to sleep. If they make noise after 10pm you can call the police, or if they are harassing your family and you have absolute and indisputable proof you can approach your landlord. But they sound like they're living and making noise within their legal rights. I hate to sound frank but you're being unreasonable because those people pay rent and have the right to live normally. I'd suggest a white noise machine and a fan for your daughter's room. It may take a night to adjust but it's overall a good option if you're stick there til next year. When your lease is up you may want to consider researching your potential neighbors a little more thoroughly next time.

Answer 5

Law:  They have to keep the noise down after 8PM.

Answer 6

Your town which you reside should have some kink of noise ordinance. If what you're saying is true and I'm sure it is, your neighbors are very inconsiderate of others. I don't care what time of day it is, they should remember they have neighbors. Therefore; they need to have some consideration for others living next, below, back, front, on top of them. Since you have a signed lease for what ever the length of time, your landlord cannot kick you out because of your lowlife non considerate neighbors. If I were you, I'd have a nice long talk to your landlord. Have you been taking notes on what you hear and what noise and the times their noisy? If not, Nows not too late to start note taking. Jot down what time all the noise starts and when it gets quite. If your landlord does not do anything about it and you want to move, you should seek a layer, and start the proceedings so you can break your leas to get the heck out of there. By law, your landlord HAS to do something about the noise. It is very unacceptable to deal with noise way into the AM.

When I was in aviation school earning my pilots certificate, I was doing that apartment thing, and I hated it. The kids would make noise all odds of the night. I don't know how many time I've called the cops on them. I was so happy on settlement. the day I purchased my new home.

So, you have rights, they consist of talking with your landlord, or if his a slumlord call the cops, if neither of those works, then get your self a layer and tell him/her whats going on, explain your situation, explain to the layer you want out of that apartment but you have a signed lease, but you want to break it by moving out, ask him/her how to get would that sticky station, because if a unit is unlivable, either because of the shape that the unit's in, or because of the noise level at all odds of the night. You do have rights and take forth action on that....

Good Luck!!!    

Answer 7

Well, without a noise ordinance that you're willing to call in to enforce, nope.  There's not much you can do.  

Though have you tried asking yet?  I doubt it will work, or at least probably not for more than a day or two.

Sorry.  

Answer 8

I think you should complain annoymously to the landlord. unless you can get several neighbors on your side and file a complaint together, do not complain in person because it may get back to the noisy neighbors and they may confront you.

also, no, you are most definately NOT being unreasonable.  

Answer 9

Most cities have noise ordinances that are enforced after 10pm. It sounds like your relationship with the new neighbors deteriorated before it even began, so there's really not much hope of them cooperating with you now. You may just have to tough it out until you can move.

Answer 10

Well, there may be noise ordinances. Where I live it would be after 10pm, which is still late for a toddler.  And being whiny isn't enough for your landlord to legally break your lease.

That being said, another approach may be to start working on getting your daughter to be able to sleep in spite of the noise.  We never tiptoed around our child from day one, and he was able to sleep in spite of noise.  

If you can't change the neighbor's habits, you may have to make the adjustment on your end.