Dealing with Neighbors

S. H.-

Even if you were to get the LL to move towards eviction, it can be a lengthy process. Word to the wise, next time consider getting a top floor apartment.

Best,
F. B.

Write a formal letter to the landlord and make it signed receipt so that you have proof they received it.

First of all mention what drew you to this housing, what you love about living there, why you'd like to stay, and mention times the management has gone out of their way to H. you or provide any service for you. This will put them in a better mood to listen to the rest of the letter.

In this letter state every time you've had to call the police, each time you've had to go upstairs, each time you've spoken to the manager about the issues. Be specific, list the issues, the sounds, the words you hear them saying, the thuds of them becoming physical, and more. You have to lay out your case.

You have to have credibility to defend yourself if they do take you to court. You have to have documentation on so many sides.

Once the manager has received your letter call and ask them if you can come in to talk about it. Let them know you want to move if they are not going to uphold the lease, that you feel they have broken it, and perhaps that they should refund every penny of your deposits to H. fund having to move before you're ready.

OR

That if the management will follow the procedure set forth in the lease and evict your upstairs neighbors you'll stay.

Are you talking to the right person? Often it's just a clerk who is supervised by someone else. When you talk with management focus on what you need instead of on what you want them to do. The contract says quiet time is between such and such hours. Describe what is happening and how often. Tell them the noise is disturbing you. Describe why it's disturbing. Do this in a calm and respectful manner. Sympathize with them about how difficult this must be for them. Focus on getting them on your side.

I really like Gamma G's recommendation to write a letter first. And, yes, have specific documentation with dates, times and descriptions.

Have you talked with the officers who respond? They may be able to H. you. It's likely that they are not writing reports but could if you asked them to do so. They may also be able to give you a phone number for an agency that could H. you. Our city has a neighborhood livability office.

Document all complaints/calls to the police. (If you have to, make written complaints and ask the building manager to sign them to acknowledge that you actually have complained. Ask for a copy of the police reports.) Then go to the landlord with these documents in one hand, and the lease in the other. Then tell them that they WILL address the problem with the neighbors (move either them or you into another unit if they don't want to evict...) or they WILL allow you out of your lease, unless they want you getting a lawyer involved.

Can the landlord legally evict someone because they had a fight with their spouse or significant other? I understand it says that in the lease, but anyone call call the cops, whether they have a good reason or not. Also, are we talking about physical fights or arguing loudly? That would matter, as well.

I would talk to your landlord about it. Ask them why these tenants have not been evicted and/or what they intend to do to make your quality of living better. Talk to them and see what happens. If you feel your concerns are falling on deaf ears you can let them know that you intend to move if they refuse to do anything. If you really are prepared to move before the end of your lease I think it would be wise to get a copy of the police reports. You want to make sure you have some documentation (in addition to the lease) that supports your case.

I have never leased so I am not familiar with these clauses, I do understand contract law to some extent.

Are these clauses binding on you, or the landlord? Like it is in your contract that you must pay rent and what day and such, and if you don't do that the landlord has the option to evict you. That is binding on you. Your neighbor can't say I noticed she didn't pay, you must evict her!!

Not sure if that makes sense. If your lease requires you to be quiet your landlord can evict you for being loud but he is not required to evict your neighbor because you think they are too loud and you keep calling the cops!

By your logic your neighbors could call the cops on you for every little thing and then after two times demand you be evicted.

Now if it states in your lease he must provide then yeah, he has to evict them or let you out of your lease.

Have your lawyer send a registrered-mail letter to your landlord?

I think to cover yourself, you should put it all in writing and send the letter certified - return receipt requested. In the letter, you should reference your prior complaints to him/her and point out with specificity what sections of the lease are being broken. Then give him/her a time frame within which to "fix" the issue and state that if the issues are not corrected in that time frame, you intend to move out. Also put in there that you will adamantly contest any legal action he might bring for early term of the lease and that you will be seeking attorneys fees and costs.

Yeah...move...just move. You will be banging your head against the wall on this one otherwise.

The last apartment that I lived in was like this. We had just re-signed our lease and a "college kid" type moved in upstairs. He was extremely loud with parties and loud music. The manager received numerous complaints. Usually this was at night when the office was closed too. One Sunday afternoon though, I was able to pull the manager into my living room to listen to the noise level. She could not even hear my TV over this guy's noise. He would be told to keep it down and then he would start up again when the office closed. We had regular day jobs and this interfered with our sleep.

We finally just got tired of dealing with it. We ended up buying a house and breaking the lease. It really ticked me off because we had to pay the lease termination fee. But it did not appear to be a fixable situation.

How much longer is your lease til? If you can hang in there,start planning. It sounds like not much will be done and believe me you will be happier if you take control of your own lives. Good luck!