hello ok let me start with the fact that my husband and i with our 2 kids live in an apartment complex...last night was a disaster......apparently there is a new tenant in the building on the backside of ours and the dumb--s gets the bright idea to put the dog out on the porch(on the 3 level) and leaves at 11pm at night.....the security officer cant do a d--n thing cause noone is home...now my husband gets up every morning for work at quarter till 5am (he is VERY VERY cranky and tired this morning and i dont blame him) my husband wants to break our lease, which is good until the end of june 2007, and if we do that we would be dipping into his 401K cause he is the only one who works , i stay home with the kids, i dont think its a good idea and think we should stick it out even though it is h--l (this place has really gone down hill in the 3 years we have been here) what to do what to do what to do; any advice would be great
Write a letter to the office complaining about the noise. If it does not help write another. After three letters and they are not doing anything you can break your lease for free. It is the law
Don't call your office even ONE TIME. put all your complaints in writing and MAIL it certified to the office. (don't drop in) keep copies and dates of letters written return receipt requested. After three or four, you will have a very nice case against your complex to break your lease without negative action toward your credit.
Is the dog barking? Does your city have a noise ordinance?
I agree with Whitney. You should be able to complain to the management. If they don't do anything about it, then they are invalidating your contract with them. If it doesn't get any better, maybe they could move you to another area of the complex. I know moving is a pain, but dipping into a retirement fund because of an apartment issue is not a good idea. You have your family's future to think about.
Talk to the management. Good luck dear!!!!!
Hi C.,
I have a very good friend that kind of went through the same problem. He had very noisy upstairs neighbors. He first tried talking to them and asking them to stop being so noisy. When that didn't work he complained to the leasing office. When they wouldn't do anything, he called the police. That quieted them for only a short while so then he took legal action. They were given citations for noise disturbance (which I think would follow under your situation as well) and when asked if he wanted to press charges he went and spoke to the neighbors once more. All in all, because of their noncompliance they ended up moving somewhere else. You should not have to move, put up, or even use your own money to solve this problem! Your family has every right to happy and sleep well. You also can resolve this without getting nasty, just go through the proper channels and you will be able to have a clear heart and mind in the end.
Good luck!
J.
You should have a clause in your lease giving you the right to quiet enjoyment. That means you have the right to live in your space without being subject to excessive noise. You need to call management and start a paper trail of complaints, you may even want to remind them of that clause in your lease. Good luck. I would agree that dipping into the 401k is NOT a good idea.
Hi C.!!!
I totally understand and agree with your complaints!!! YOU HAVE RIGHTS!!!! My advice to you is the same as the others: STAY IN THE FIGHT!!! DON'T GIVE UP OR GIVE IN!!! Stay on the apartment management's case about fixing this problem!!!! Don't quiet your fight for ONE SECOND!!!! That's what they expect you to do!!! Be nice and remain intelligent... But, stay diligent and don't sacrifice your family for other's stupity and inconsideration! Remember: Family First - BY ANY MEANS NECESSARY!!!!! Blessings.
Hi C.,
I read your post and thought I may be able to help you becuase I am an assistant manager for an apartment community here in Dallas. I've been in the business for 5 years and have some experience on the other side of the issue. Legally, you can't break your lease without financial penalties becuase a resident is being noisy, so I wouldn't threaten management. We are threatened with legal action all the time and it really puts us on the defensive. Management cannot actually control people and what they choose to do. However, management does have some options and action they can take. Ask your leasing office to give you a copy of your community policies. Look for quiet hours in these rules and then you can point out that your neighbor is breaking the lease by not abiding by community polices. They should at least issue a lease violation in writing. Then ask them to ask the resident to move if they are unable to abide by the policies. Also, I believe it is cruel to leave animals on balconies for long periods of time and I'm not sure it's legal. Try calling the police while the dog is actually still on the balcony. Get a police report number and bring to the leasing office. It's not good to have police reports filed at your apartments address, so the manager may be more apt to take some action. I know that this can be frustrating, but direct your anger at the neighbor, not the manager. The manager will probably be more agressive with the new tenant if other neighbors have complaints as well. Talk with them and ask them to call and complain as well. Also, this is a new tenant, a lot of times they just don't know how to act in an apartment community, you may just try approaching them directly if they look like friendly people, they may just not know better. If you have maintenance issues in your apartment that is a threat to your familie's health, then you can break your lease, I can tell you more if needed. I hope this helps and I wish you the best of luck, feel free to contact me if you need any other advice on your apartment issues.
