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How to deal with noise complaints... against you :(


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#1 Moiraine

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Posted 03 February 2017 - 09:33 PM

So, I live in a 2nd floor apt. Admittedly we were loud one night in September and got complaints. I felt like a jerk and we've been quiet since then. The quiet time is 10pm-6am.

But we received another complaint from 2 neighbors this week on a night we both went to bed at 11:30pm and we don't remember doing anything but walking between rooms that night. The lady beneath us is 75-85 years old so she probably thinks 11:30 is super late. The neighbors next to us I can't reach because they have a different entry door.

Anyway this notice says if it happens again we have 14/30 days to vacate.

The thing is I've been paying attention today to my neighbors' noises. I normally don't because it just doesn't bother me. And it seems to me any type of walking at all is loud. To make matters worse the fiance just got a 3rd shift job. On his 2 days off he'll be wide awake during quiet hours.

Also when the next door complainers have sex we can hear it every time and it's always after 10. Same with the neighboors on the other side. I dont give a crap, but what's to stop me from calling up the landlord every time I hear a bed squeaking?

I really don't want to annoy people and we're gonna try hard to be quiet but it kinda takes away the enjoyment of living when you have to constantly be careful all the time. We've never so much as had a party here. We've never had anyone over past 9pm.

I've looked into acoustic testing companies to come and check the building out (no luck there) even though I feel like crap going to that much length to fight the landlord just so I can be the loud annoying neighbor but if I can't even walk around my apt without getting kicked out I dunno what to do.

I've also chatted with the old lady a couple times so I feel like that might be a dead end. I thought if we talked she would feel slightly more guilty about tattling on me. Maybe I should bring her cookies?
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#2 huKSer

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Posted 03 February 2017 - 09:55 PM

That is why I hated living in apt.  If you have to move try either a basement apt or a duplex?


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#3 El Diaco

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Posted 03 February 2017 - 09:57 PM

You could try explaining it to the landlord (not LOMS) just as you have here. Admit to the transgression in September but then explain that you haven't been loud, that you hear plenty of noises but don't complain and maybe the lady below you is being too sensitive to simple walking around noises. They can't expect you to not move around your apartment. If that doesn't work, they aren't being reasonable.
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#4 Landlord of Memorial Stadium

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Posted 03 February 2017 - 09:58 PM

You're on thin ice, lady.


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#5 knapplc

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Posted 03 February 2017 - 10:08 PM

Ask the landlord to describe specifically what noises you're being accused of. 

Have the landlord provide you with specific times and dates that you're allegedly being "noisy."

Document your habits. When you watch TV, when you go to sleep.  Write it down, every day, both of you. 

Does your landlord live on premises, and are they alleging they have heard you themselves?  If not, have them go back to the person complaining and double-check that it's your unit that is causing the noise. In a multiple-dwelling home, noise can seem to come from strange places.

Explain to your landlord, in writing, that you are attempting to live normally. Walking and talking and cooking are normal life activities that you have a right to engage in.  Explain that in writing to the landlord.

In writing, request a 30-day stay in any action against you.  Explain that you have every intention of, and have been trying to, abide by the rental agreement's quiet hours. 

 

Document everything.  Save a copy of everything, including any complaints against you.

 

How many properties does your landlord own? 


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#6 B.B. Hemingway

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Posted 03 February 2017 - 10:10 PM

You can probably just wait out the 75-85 year old :lol:


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#7 The Dude

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Posted 03 February 2017 - 10:14 PM

Or if you're impatient, I know a guy . . .
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#8 Moiraine

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Posted 03 February 2017 - 10:16 PM

You can probably just wait out the 75-85 year old :lol:



I love this reply especially after reading knapp's
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#9 Moiraine

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Posted 03 February 2017 - 10:23 PM

That is why I hated living in apt.  If you have to move try either a basement apt or a duplex?


That's the plan but we need to make it to July. I really like this apt and I'd be willing to stay if we got a 1st floor apt where the shared walls are in a different location.
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#10 C N Red

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Posted 03 February 2017 - 10:29 PM

Move into a complex with a lot of college students. Then you'll probably be the quiet ones.
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#11 B.B. Hemingway

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Posted 03 February 2017 - 10:35 PM

Do you think it might be an empty threat? Is it a higher-end complex? Some of the property management companies I do business with need a lot of convincing to kick out tenants who ACTUALLY pay their rent....


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#12 Moiraine

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Posted 03 February 2017 - 10:48 PM

I will probably go in tomorrow or Monday to talk to the property manager face to face.

The problem is the old lady has probably been here a long time. I've been here 7 months.

As I post this my upstairs neighbors are pounding around again but since I'm not a butthead I'm not going to report them.
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#13 Rike Miley

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Posted 03 February 2017 - 10:57 PM

I live on a 2nd floor in the 3 story building and i can hear every step the upstairs neighbor takes. It literally shakes my apt. I can hear every time the neighbor next to me shuts a cabinet door. I wake up every time my downstairs neighbor opens her sliding door at 5 am to let her dog out. It drives me f'ing nuts but I deal with it bc its the complex having paper thin walls. I dont turn people in for walking around. Or cooking. Or going outside. That is asinine.

Im moving from this complex in May and the next place i live will be top floor so i dont have to deal with apt shaking everytime someone takes a step.
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#14 Moiraine

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Posted 03 February 2017 - 11:09 PM

I live on a 2nd floor in the 3 story building and i can hear every step the upstairs neighbor takes. It literally shakes my apt. I can hear every time the neighbor next to me shuts a cabinet door. I wake up every time my downstairs neighbor opens her sliding door at 5 am to let her dog out. It drives me f'ing nuts but I deal with it bc its the complex having paper thin walls. I dont turn people in for walking around. Or cooking. Or going outside. That is asinine.

Im moving from this complex in May and the next place i live will be top floor so i dont have to deal with apt shaking everytime someone takes a step.



Just make sure the people below you aren't old and go to bed at 8pm...
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#15 Melby

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Posted 04 February 2017 - 01:38 AM

Give your neighbors free weed.  Always worked for me.  


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#16 El Diaco

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Posted 04 February 2017 - 09:27 AM

Give your neighbors free weed.  Always worked for me.  


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#17 Moiraine

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Posted 04 February 2017 - 12:35 PM


Give your neighbors free weed.  Always worked for me.  


The hallway smells like weed half the time but it's my neighbor across the hall so it wouldn't help.
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#18 admo

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Posted 04 February 2017 - 12:48 PM

I like what Knapp said here "Explain to your landlord, in writing, that you are attempting to live normally. Walking and talking and cooking are normal life activities that you have a right to engage in."

 

I remember living on the second floor of two story apartment and was called on a Saturday morning from the landlord (not LOMS) about party noise complaint for Friday night.  I asked how could that be, since I was 50 miles away in North Denton the past few days camping. Even though she said believed me, they still had to file the complaint in my records - strike one :/


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#19 ColoNoCoHusker

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Posted 04 February 2017 - 12:59 PM

Knapp gave some really good advice. Only things I would add to his comments:

 

Check the audio recording laws for you state; if single-party consent is allowed, record your conversations with the landlard/manager(s). If you get to a point of having to communicate via written letters, the landlord/manager is usually going to take a harder stance.

 

I would contact your local Housing Authority and see what you can find out about your complex/landlord from them. Many times if there is 1 old person in a complex like this, it's a subsidized or low income unit situation. If that's the case, you will lose any complaints they make. You may offer to move units to avoid this person with highly sensitive hearing. Lastly, if you can record the noise from others, you can have some evidence of being singled out...


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#20 krc1995

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Posted 04 February 2017 - 02:35 PM

what about a putting a cheap rug down where you walk?  More of a strategy to get you through to July.


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#21 knapplc

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Posted 04 February 2017 - 03:09 PM

Knapp gave some really good advice. Only things I would add to his comments:

 

Check the audio recording laws for you state; if single-party consent is allowed, record your conversations with the landlard/manager(s). If you get to a point of having to communicate via written letters, the landlord/manager is usually going to take a harder stance.

 

I would contact your local Housing Authority and see what you can find out about your complex/landlord from them. Many times if there is 1 old person in a complex like this, it's a subsidized or low income unit situation. If that's the case, you will lose any complaints they make. You may offer to move units to avoid this person with highly sensitive hearing. Lastly, if you can record the noise from others, you can have some evidence of being singled out...

 

Nebraska is a one-party consent state.


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#22 krc1995

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Posted 04 February 2017 - 03:43 PM

Can the apartment manager go to the down apartment and listen to you walk and your tv noise?  I seem to remember a friend having a very similar problem and the complex ended up putting some sort of subflooring in that eased the noise.  If it's an older apartment maybe the spacing or material between apartments is inadequate.  I don't know if it is carpeted, but maybe there is a supersonic carpet pad that can be installed. 


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#23 teachercd

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Posted 04 February 2017 - 04:42 PM

1. You are probably louder than you think, it happens.
2. Move out
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#24 Moiraine

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Posted 04 February 2017 - 04:44 PM

It doesn't matter how loud I am if I'm only walking. That's a building problem.

Moving out requires breaking the lease.
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#25 teachercd

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Posted 04 February 2017 - 05:21 PM

It doesn't matter how loud I am if I'm only walking. That's a building problem.
Moving out requires breaking the lease.


Walk less loud?
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#26 teachercd

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Posted 04 February 2017 - 05:22 PM

Make a deal with them...thy want you out, tell them you will leave if they don't charge you.
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#27 ZRod

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Posted 04 February 2017 - 09:14 PM

It doesn't matter how loud I am if I'm only walking. That's a building problem.
Moving out requires breaking the lease.


Walk less loud?
Walksalone?
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