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Legal question regarding tenant next door in Apt complex...?
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Legal question regarding tenant next door in Apt complex...?

OK, I snore - badly!! Well, my neighbor just had her boyfriend move in and he is a WALL BANGER. Not knocking, but to the point of moving the pictures on the walls. I have called the Apt complex and they did nothing. I have even gone to the extent of sleeping downstairs to help them -- we have paper thin walls -- I can hear everything, conversations, etc (if you get my drift). Every weekend I have 3 of my grandkids stay with me (4yr - 6yr). Now, for my specific questions... I am planning to get earplugs for MYSELF so that his constant banging does not bother me --- they are too dumb & lazy to do anything for themselves! I don't believe they can call the police on me for noise, but if this continues while the kids are there and it scares them, can I press chgs against them? I am up for any and all legal recourses -- I am fearful of retaliation, think this guy is a few cans short of a 6-pk. I don't want the kids or my dog hurt! Surgery for me is not an option right now.
Additional Details
Thank you guys soooo much for the CONstructive answers. I am inbetween two other apts, so I cannot 'turn on a sander" (wish I could though) - good idea. For those that say "It is my fault" -- a 'fault' is when you deliberatly do something, when it is a medical problem it is not a 'fault'.


    




Jewel
Call the police EVERY TIME they are noisey from now on. There is usually a time that is set where the cops will come out to warn them or more, so if they do this AFTER 10:00 pm & BEFORE daylight [sunrise], that is when you call. NOT during the daytime when more noise is allowed.
Tell the police you DO NOT want them to know WHO ratted on them, because you are fearful of retaliation due to what you have heard through the walls honey. Tell them you snore and that you cannot stop that, since it is a natural occurance. That this and whatever else is making them bang on your walls making your pictures fall and waking you up at all hours of the night. Tell them the walls are paper thin, and that you are not the landlord and can't fix that either.

The police can eventually place them in lockup, if they do not listen to the cops. If they return after being locked up and begin their antics again? They will go to jail again, and eventually be forced to move by the landlord, because the landlord does not want cops there all the time. That makes the complex look bad, and deturs others from renting.

REMEMBER: Landlords want their rent money, it is their livlihood in most cases, so understand that your landlord may just need the money, and was not trying to be rude in not approaching them. AND ... maybe the landlord is scared of them too!

Also in Closing:
Know that YOU are NOT to press charges, or you will have to go to court & they WILL know who told on them. So simply do as I said, and call the police telling them "You DO NOT want them to know WHO ratted on them, because you are fearful of retaliation due to what you have heard through the walls. Tell them you snore and that you cannot stop that, since it is a natural occurance. That this and whatever else is making them bang on your walls making your pictures fall and waking you up at all hours of the night. Tell them the walls are paper thin, and that you are not the landlord and can't fix that either".


lorijkrzyz
Rating
Keep calling your Complex, if they do nothing call the Police. Keep a list of times and contact information of who you talked too. You do not have to be a prisoner in your own home. You pay rent just like the next guy. If they threaten you get a restraining order. Good luck!


joey322
Rating
you can't help that you snore, however, he can help that he bangs on the walls!

contact the apt complex and see if they can provide any solutions. state your concerns about your grandkids and that this guy intimidates you a bit and you wish it was something you could control, but you can't.

hopefully, they will help come up with a solution. do they even know he moved in?? sometimes, when another party moves in the complex needs to charge more rent and that may put a stop to it.

take care.


Lou
Stop doing whatever it is you are doing to bother him. He has a right to peace and quite also.


skh1972
Rating
You could call the police and have him cited for disturbing the peace. It is possible that he could then turn around and make the same complaint against you. Really all it takes is a victim willing to assist in prosecution to make the ticket happen.

Have you consulted with your apartment management about moving to another unit? Maybe you could move in next to someone who works nights and they might know of a resident or two that do. That way you're not breaking your lease and you won't have to worry about retaliation.


wish I were
I would call the police on him and tell HIM to get earplugs! Explain to the police how it scares you and the kids when he does this and there is nothing you can do about your snoring. Tell them you are affraid of him and what he may do, so they have it on record. You can't help what you do, but he can certainly stop banging on the walls! I would continue to call your manager and threaten to report them if they don't try to help your resolve the problem! You are going to have to keep on this until he stops! You lived there first, let them move!


nena_en_austin
Rating
The second thing because you already did the first like tell the managment...Go or when they are walking by say to them the problem that is bottering you and you can't get slepp etc, nicely if they get agresive walk away...Next time they make that kind of noise after 10 pm so call the police...And take from there...They won't like it but they didn't give you any choice...Call the police just after 10 pm...If is after 11 or 12 I will recommend the late the best because is more diturbing the peace after 10 pm Ok...Good luck!!!


?
Rating
Apartments might not be for you. In the mean time I'd try to get along. It would have to really bad to bother kids. Is it like non-stop for hours or just a rattle every so often? Have you considered getting a drum set? Maybe a good drum roll every morning at 6am will show them! :)


kat
Rating
call the apt complex again.tell them if they dont call you back and help you resolve this,that you will call a lawyer,that should wake them up.no one should feel afraid in there own home..you might call your doctor too,they have these machines,you wear this thingy over your mouth and it helps with snoring.your doctor will know what im talking about..


system error
Rating
There should be a set time in your city or something where you cant like have music blast or make loud noises after that time...i dont know what it is where you live...but if the noise continues past the "quiet" time then you can call the police and they will do something about...just as long as its like REALLY loud noises like yelling and in your case banging consanly on the walls...i dont know if this is the case where you live...just check before you actually take action...


melaniejean862209
You cant just stop doing what your doing while you sleep. Its almost impossible. Yea there is surgery but why spend that much if you cant even hear it yourself :)
You need to go to the police station and file a complaint tell them to come over one night so they can hear what they are doing. The police might even advise you to leave but Im sure that not as easy as it seems. File a complaint and see what happens. If they get crazy then just get out of there. Dont wait for the cops because if you wait around someone will get hurt. I would just start looking for another place.


Barrett G
Rating
Yes. What he is doing is harassment.
Ask him to stop. If he doesn't then report him to the police.


Elana
You definitely should pursue a medical resolution to your
heavy snoring, regardless of your apartment situation.
Snoring probably indicates decreased air flow which may
lead to poor oxygen saturation which ... kills brain cells.

That being said, most leases have a clause about
"reasonable use" which may say something about noise
level. Most do NOT specify either a maximum volume or
what type of noises you may make, only stating that you
shouldn't "disturb" the neighbors or some such. In short,
the law is probably going to be ambiguous, at best. I am
having a hard time imagining a judge deciding that snoring
is an unreasonable noise.

Banging on the walls, however, would be considered
disturbing the neighbors. That is, his technique for
complaining DEFINITELY violates the lease.

I highly doubt that you can charge them in any legal sense
but you might be able to get them evicted or fined by the
landlords.

I don't know if this is legally relevent, but it may be morally
so... Who was there first? If he moved in after you, you can
argue that from his point of view, the noise is a predominant
condition, similar to that of a train on a nearby track.

That is, if he doesn't like the apartment, he should find
some place else.

If, on the other hand, you moved in and changed his
surroundings by introducing noise where there was none
before, you can see him getting together with the landlord
to say that over-all, you are disturbing to other neighbors.

I just can't see the latter happening - and certainly if it did,
I would expect the landlord to refund you and let you out of
the lease.


enstable2
Rating
Legally you are at fault here; more so since it is your snoring that starts the banging


Monet
Rating
this guy is up late at night like 1 am doing house work. I'm 99% sure he is on crystal meth! If you catch them doing druggy stuff make a call the the police.

I has a neighbor in AZ, that was on crystal meth, he would run the vacuum at 1 am, I heard a drill, He would be cleaning all night long. Even my walls were shaking! The police stopped by one night at his place. He stopped after that, I think he went to rehab


-doozer-
This would be a good time to consider owning your own house.


sportbest
Rating
well..you can go to them and talk nicely to him, and see if he unserstands, or tel your friend about his DOOR BANGING problem..if they dont listen..move out, or SCREAM AT THEM!!!


non_apologetic_american
You say "they are too dumb & lazy to do anything for themselves!"

Did you ever think that maybe your snooring actually is quite loud. You know, like as loud as a blarring stereo loud.

If so, late at night like that, no neighbor has the right to make noise at that level that invades another neighbor's space. Whether it be intentional or accidental is not the issue.

So, is it truly excessive?

And if it is, it's YOUR issue, not theirs.

Consider having sound-dampening foam insulation blown into the cavities of the shared wall...at your cost or the cost of the landlord.

P.S. You folks that discount the fact that this is HER problem for making noise that is MAKING the guy bang on the wall are ignorant.

.


red222
I agree with some other posters here- you are so concerned about his banging on the walls but you dont seem to think for a second what your snoring is doing to him. If its so loud that he is losing sleep because of this then its a big problem for him too and you should try to do something about the snoring to make the wall banging stop.





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