Apartment Bullying

Discussion in 'American with Disabilities Act' started by CowgirlAnne82, Nov 4, 2011.

  1. CowgirlAnne82

    CowgirlAnne82 New Member

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    Hi, my family and I live on the second floor of an apartment complex and my neighbor downstairs is bullying me. She says that I am too loud. This particular neighbor complains about every thing though, I mean when the dryer is on she complains and everyone who has lived in this unit has been scared away or evicted because she complained too much.

    I have asked the apartment manager to switch us to a downstairs apartment so this wouldn't be a problem. Me, being hard of hearing, things need to be louder for me and living upstairs is not a good idea. So I asked them to switch us but they won't unless we pay a new deposit, a whole new app fee, and new background check. I feel this isn't fair and feel my rights are being violated.

    What do I need to do to get my apartment complex to move us with out all the fees?
     
  2. authentic

    authentic Well-Known Member

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    Tell your neighbor "Live with it".
     
  3. cdaigle430

    cdaigle430 Member

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    If she is the only one complaining and she knows of your situation then, ask he to pay the extra fees to get you moved. Otherwise she will have to learn to live with it or move out herself.

    Also, see if you can get free legal assistance in regards to your neighbor's complaints and your apartment managers unreasonable requests. Around here it is our was Pine Tree Legal. You will be surprised at how quiet and or reasonable people are when you show them the legal mumbo jumbo :)
     
  4. VacationGuy234

    VacationGuy234 Active Member

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    I don't think you should move. While you have a right to be loud, I think a better solution is an FM system that you can plug into a head phone jack to go right to your aid(wireless), I use this all the time. This will handle things like TV, computer and Ipod. Beyond that, anything else that is loud is her problem.

    If you have to, get a restraining order if she complains, once the FM system is in place.
     
  5. Babyblue

    Babyblue New Member

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    If your neighbor downstairs continuously harrasses you then call the police and get a restraining order against her. There are laws against people harassing you.
     
  6. Jiro

    Jiro If You Know What I Mean Premium Member

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    "Talk to manager."
     
  7. TWA

    TWA New Member Premium Member

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    play tricks on her and convince her that her apartment is haunted.
     
  8. radioman

    radioman farming for love! Premium Member

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    I dont think you need to move. I am a landlord so I know. A landlord can only talk to neighbors, but cannot tell them what to do. My response? I always tell them to call police as I am powerless to tell neighbors what to do, but tenants can call police and get resolution. It may not be to your liking- but at leeast you got it documented. A landlord will NOT move you without fees.
    Your BEST defense is to call police on a threatening neighbor over a noise complaint BEFORE they do. That neighbor KNOWS that harassing you works since it works on others before. STAND YOUR ground. as long you are NOT making loud noises past 10pm to morning, they cannot complain. you can complain however.

    Also if they continue to harass you, tell THEM they should move as you are there to stay and you are reasonable. (remember, dont say they HAVE to or need to move, but "should" - its the key and remember that if police shows up at your door)
     
  9. Beowulf

    Beowulf Well-Known Member Premium Member

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    Teach Irish jigs in your apartment.
     
  10. CowgirlAnne82

    CowgirlAnne82 New Member

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    Thank you all for your comments. I have a feeling she isn't going to stay in the apartment much longer. A family with 4 rowdy boys moved in next door. If I can hear them and that's saying a lot, then my neighbor certainly can. She isn't going to be happy. I don't like it she's mean to my visitors and it's not like I get many, I am a shy hermit and a SAHM
     
  11. SimonJ

    SimonJ Member

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    A what?
     
  12. Frisky Feline

    Frisky Feline Well-Known Member

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    SAHM is only i know of Stay At Home Mom.
     
  13. SimonJ

    SimonJ Member

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    Thanks, I would never have got that! :D
     
  14. kwyant

    kwyant New Member

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    As a landlord I also deal with these type of concerns. I have moved people from one unit to another for various reasons, and I do request a new deposit, then I return the balance or entirety of the first deposit once the first unit is vacated and cleaned. It is inappropriate for an existing landlord to require a new background check for an existing tenant. I am not sure if the application fee is separate from a background fee. If it is, I need to know more about it to comment. I have had to deal with excessive noise complaints and over the years I have come to the following bit of wisdom, if the noise is loud enough to warrant calling the police and getting a noise violation, then do that. If it is not, then it is the normal sounds of living in close proximity (apartment life). I get notification of all police calls. I counsel those who have received their first one to avoid getting any more.
     
  15. Beowulf

    Beowulf Well-Known Member Premium Member

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    For a landlord you are not saying much.
    You get notification of police calls and "counsel" those who received the first one to "avoid getting any more." And? What if there were more calls?
     
  16. kwyant

    kwyant New Member

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    In the city where I live and rent apartments, the city council has passed a 3 strikes rule. Get 3 noise violations or a number of other nuisance violations and the landlord is forced to evict. Since I know that rule is not in effect everywhere, there didn't seem to be much reason to mention it. I have seen the police write a nuisance ticket to a person for calling in unjustified noise violations, such as baby crying or tv set to normal volume so a person has be careful about calling in except in cases of true noise violations. It is a difficult area. People are allowed to make the normal noises of living and there is no guarantee of a noise free environment within your apartment, so the police get to decide what is excessive. As a landlord I used to try to make this determination myself, but since I am not empowered to do that, all I could do is little different from what the offended party could do. I certainly could not evict someone for being loud without noise violations lest I open myself up to lawsuits. Now I advise the person complaining, 1) Try to work it out with the offending person. 2) If you can't and you feel it is a noise violation, call the police. If the police gives a noise violation, then there is a good chance that will be the end of it. If it continues, 2 more noise violations mean automatic eviction. 3) Then I counsel the person who received the noise violation to avoid receiving any more. Not a perfect system I am sure, but if anybody knows a better way, I am open to learning.
     
  17. mattski24

    mattski24 New Member

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    lol, hahaha tell ur next door there's no curfew in apts during day time.. u stay there be who u are she has to live with it .. there's apts rules quiet time like 10 or 11 or midnight . that time u have to be quiet not to be loud. simply as that but during day time i would tell her shut up mind ur own thing i got my own thing where i live here..
     
  18. whatdidyousay!

    whatdidyousay! Well-Known Member

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    And how is the dryer being too loud your fault?? It looks like your neighbor is a bitch and does not want anyone living under her! Have you tried going a center for deaf and hoh and see if they help you in any way? I see no reason why you would have to pay and fee to move into another apartment. What are the tenants rights on this?
     
  19. DeafBadger

    DeafBadger Ad Astra Per Aspera Premium Member

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    This is tricky because I used to live in a lower level apartment with college students living in the upper unit. The apartment told me there was sound proofing, but due to repairs done at various times, I could tell there was absolutely no sound proofing between levels.

    The college students would party well past 3 AM at times. I need a solid 8 hours sleep. So they would frequently wake me up with the noises.

    I called the police a few times and they sent a unit over, but it was always an hour after calling and somehow, the college students would vacate and disperse before the police showed up.

    I spoke with the manager about this and he wanted a recording, so I borrowed a tape recorder, but it was design to record human voices, not thuds and crashes coming from upstairs. I had a friend stick around to witness the sounds, and he confirmed they were being very loud indeed.

    The manager did bring them in to talk to them about it, but it just ticked them off and they made deliberate noises after that. I was literally subsisting on 3-4 hours sleep a night for a period of two months.

    It was never resolved, and thankfully, my lease had expired and I was on month-to-month. So I found another place and moved. I was not the only one who thought these people were noisy though. Neighboring tenants also thought so, but for some reason, it just wouldn't be resolved.

    I have no issues with normal apartment noises, but I expect neighbors to be considerate and not make loud noises after, say 10 pm. In my area, that's the cut-off for noise ordinances.

    I'm not saying that you're making noises like the college students were. It sounds like you're doing your best to be a considerate neighbor. Sometimes tenants are just too sensitive to the littlest sounds. Footfalls are normal. Dryer sounds are normal.

    Good luck.
     
  20. rockin'robin

    rockin'robin Well-Known Member

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    Wondering if the lady downstairs stays home all the time?...So every noise bothers her....

    When I was living in apartments, I always chose the down floor, not the top!....But even then, some tenants walk very heavily upstairs, and the banging of the kids on the floors with toys, etc. The vibes of heavy walking did bother me at times...the other noises bothered my hearing family....all times of the day or night....even slamming their front or back doors!

    I would speak to the Lady downstairs in a nice way...and ask her what time/things and when the noises bother her....but it could be she is just a "chronic complainer"....I dunno!...But some people do make unnecessary noises, that they are not aware of....then try to remedy what she is saying that bothers her.....be a good neighbor....

    If it doesn't work...then I would let her call the Police, as I sure would not do so!....I'd put her on ignore!...But still try to keep the noise, even the baby crying to a minimum....especially after 10PM....
     

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