snotvornoe1 said: Warranty of habitability covers unreasonable noise such as banging, pounding, jumping, stomping, dropping and dragging of heavy objects on floors above. The easiest is for offending neighbor (your sister-in-law) to cover her floors with carpeting and padding. The second easiest is for her to to move if the management lets her out of her lease without penalties. Ultimately the local ordinances throughout north america state similar to the following "Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort or response of a reasonable person of normal sensitivities or injures or endangers the health or safety of a reasonable person of normal sensitivities or which causes injury to plant or animal life, or damage to property or business." - Good luck to you.
PS. If the neighbor serves her, keeps record of each disturbance and takes her to small claims, he'll be awarded $35 per day and $100 per each night of disturbances. this is the going rate for causing someone stress related cardiovascular disease. Much cheaper to install carpeting with padding to reduce noise.
The person complaining downstairs is being unreasonable. Your post is complete hogwash.
Senior Member - 3K
posted: Jan. 15, 2013 @ 12:12p
rickt86 said: As long as the kids are not doing it between 10pm and 8am (minus local laws), the lady literally can only pound sand. literally huh? i could have sworn she'd have at least one other possible option besides pounding sand.
does this sand/apartment noise situation make anybody else think of the musical "Top Hat"?
posted: Jan. 15, 2013 @ 1:48p
The OP suggested letter sounds fine to me.
I wouldn't necessarily volunteer to move though. Doesn't seem necessary and it would be an inconvenience to her. I mean unless she actually wants to move to the ground floor.
If you aren't making unreasonable noise then its not the tenants fault. Kids running around isn't unreasonable. Landlords and tenants should all realize how this works. Either your neightbors and landlord are reasonable or they aren't.
I also wouldn't assume the property management really investigated this or even knows what the complaint is about. They just got a complaint and gave you official notice. It may be a CYA manuver on their part. It can be hard for managment to sort out complaints between tenants but ignoring comlaints can get them in trouble, so its safer for them to document just past on all such complaints.
When I was living in an apartment I got a noise complaint shortly after a new person moved in below me. It complained about loud TV noise late at nite coming from my apartment. Either the person below me was confused and heard someone elses TV or they had an unreasonable expectation about noise. I'd lived in that building years and not gotten any complaints and my TV wasn't loud at all. I assume they had blamed the wrong apartment. Management didn't even investigate, ask or anything but they just sent me a notice of a complaint. In the meantime the idiots next door to me threw parties late at night on weekends well past midnight.
posted: Mar. 11, 2013 @ 1:50p
Resolution: My sister had several conversations with the management office where they seemed to take her side but they kept sending the complaint notices and the guy was being a jerk. She found a much nicer place (slightly larger, better location, townhouse-style) for almost the same price and I helped her move this weekend. I hope someone really obnoxious moves in to bother this guy.
I like to make little things/issues like these my personal project.
Here is my current one. Somebody stole a chair from my patio and I've been putting these flyers everywhere in my complex. I spent a couple hours walking a few miles around the complex too. I've been scouring craigslist for it with no luck.
Senior Member - 1K
posted: Apr. 4, 2013 @ 2:53p
tedteddy said: I bet that after OP's sister moves out, someone else will move in.
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