OT – Suing your neighbor

[admin]

I have this situation where the neighbors upstairs can’t control their 3 kids who make noise day and night. They run, stomp, play music at all hours.

Of course, those lowlifes are renters (j/k). I think the only way if for to landlord to evict the tenants.

Has anyone successfully sued over something like this?

http://www.nolo.com/legal-encyclopedia/noise-ordinance-noisy-neighbor-30308-3.html

http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/home_ownership/chapter_7.authcheckdam.pdf

[spdrun]

Condo? Complain to the HOA president or managing agent.

Or call the cops. Not sure if the cops can do much if the noise doesn’t extend outside the building (they can’t in NYC), but they can knock on doors and generally annoy the annoying neighbors.

[FlyerInHi]

I love this quote.

“It is easier to love humanity as a whole than to love one’s neighbor,” wrote Eric Hoffer in
the New York Times Magazine. Sad, but true.

I want the tenants upstairs gone. They violated the peaceful enjoyment clause of their lease so the landlord should evict them.

I’m thinking about suing the landlord to make him feel the pain. He’s an incidental landlord who bought at the peak. But he’s got deep pockets. I need to make him feel some pain and aggravation so he takes steps to get rid of the tenants.

Condo living has it’s downside.

The real estate crash created opportunities. But it’s also allowed lowlifes to live in nice buildings. At least in Vegas were absentee landlords rely on worthless property managers to screen tenants. I believe that in this situation, the single mom of 3 kids lives on alimony and child support. She’s pretty but clearly is a bad mom who can’t or won’t control her kids. She should know that if her kids are to be noisy, she should live in a house, or on the ground floor.

[Coronita]

Good luck with that one….

Have you tried approaching the upstairs tenant in a polite way and explain to them the situation politely and ask if could try to tone down the run,stomp, music after late hours? Or if they don’t have carpetted flooring, asking politely if they can get some carpets.

I don’t think trying to deal with this by force will help. First, you won’t be able to “sue” successfully. Second, if you approach the HOA, they will probably wash their hands clean of this, and the upstairs tenant can deny they are doing anything, and could blame everything on the terrible acoustics of the building. Third, the moment you try to deal with this situation by force, what might have been people upstairs being unknowingly inconsiderate could quickly escalate to being intentionally inconsiderate. And then, you’re really in a worse situation.

For example, my relative shares an building with a nasty woman downstairs. And my relative’s upstairs is all wood floor. So unless my relative’s visitors are extra careful, the slightly heavy walking, or moving things will echo downstairs. This person downstairs has never asked nicely, and so my relative stopped trying to be considerate to them… When I visited them with my kid, we were moving the bed, and my kid forgot and jumped off the bed onto the wood floor, making a thump. The person downstairs was pissed and knocked on the door and started screaming about it. We said we were sorry, but at that point my relative was pissed. So they started vacuuming upstairs and moving furniture in the middle of the night…..And when my kid forgot and started bouncing on the bed and I told my kid stop, my relative said “why bother? Jump harder…”

Just saying….

I guess the lesson to learn is try to avoid buying a downstairs unit? 🙁

[spdrun]

^^^^

flu, I agree. I assumed that he’d already talked to the neighbors.

[FlyerInHi]

I tried being polite. But I don’t think lowlifes understand polite.

Many HOAs don’t allow hard flooring other than kitchen and bath. If that’s the case, they can have you remove hard flooring. It’s not the case here. The building is solid. These kids are just little monsters.

I’m willing to spend some dollars on a lawyer. Then I’ll go to small claims. The landlord lives out of town so that will cause him to come. Basically, it’s not my problem and I hold the landlord responsible.

[Doofrat]

Document, document, document. Get a month’s worth. Then…

Try to get the HOA to do something about it. I know if they are so inclined, they can make life hard enough on the landlord that it’s easier to evict and find new tenants than deal with fines. If they are not so inclined, then:

Try the police. If the noise is audible outside after 10pm, there’s a chance the police can do something. I know in college, they were pretty effective at this.

[Hatfield]

If the property is in the city of SD, you might also try code compliance.

One of my tenant’s dogs had been barking and a neighbor called code compliance, who came after me, and man, they don’t f*ck around. They sent out a code compliance officer who heard the dog barking, and wrote me a letter. I had 20 days or whatever to resolve the issue. I called the office and was told that if they came out again and the issue wasn’t resolved I would be fined, and if I didn’t pay the fine they’d put a lien on the property. I asked about due process, and near as I can tell, there really isn’t any.

So if you want to strike fear in the heart of a property owner, forget the police, go to code compliance. I don’t know whether this will work in your particular case.

[joec]

the joys of living in a condo/townhome, rental, you name it…

If you have to rent, renting a home gets you away from most of this stuff, but the cost is tons more.

My previous rental had a problem neighbor downstairs with loud music, bad skanky perfume smells from the daughter, etc etc…I don’t think there’s anything you can do. We called the office, all the time and at the end of the day, I think most everyone will tell you that having their own home is to avoid situations like this.

Renting with close neighbors simply sucks ass. It gets real old fast and the older you are, the more pathetic living like that makes you feel.

As has been stated, good luck trying to get 3 young kids to pipe down. If you do anything, you are more likely to get eggs all over your house or car, egg in the gas tank, slashed tires, you name it. I assume financially, you have more to “lose”. Also, as a minor, they also won’t even go to jail.

At the end of the day, picking a fight with people with little or nothing to lose is a stupid fight to pick.

This is why most people move and buy their own separate “house”.

[Reality]

[quote=flu] So they started vacuuming upstairs and moving furniture in the middle of the night…..And when my kid forgot and started bouncing on the bed and I told my kid stop, my relative said “why bother? Jump harder…”

Just saying….

[/quote]

Your relative sounds like a POS to me. Just sayin….

[FlyerInHi]

Joec, you make a good point about how living in a condo/apartment is pathetic, especially if you have to deal with crazy neighbors.

I’m pretty easy and I understand there will be noise. I don’t mind a party once in a while.
But 3 out of control kids running around all day, playing ball or whatever (school is out) is just not acceptable.

They landlord was not too receptive to my complaints and insists that I deal with his property manager. His unit is a nice 3 bedroom penthouse unit. I’m worried that this family will destroy the whole place. I think the landlord will thank me in the end when he evicts the tenants.

The property manager screened the tenants. It was a total mistake to rent to them. I have seen the place. A clusterfuck inside. But the mom walks around with a Louis Vuitton bag and puts on airs. Totally irresponsible parent. I feel sorry for the dad who has to make child support payments.

[Coronita]

[quote=FlyerInHi]Joec, you make a good point about how living in a condo/apartment is pathetic, especially if you have to deal with crazy neighbors.

I’m pretty easy and I understand there will be noise. I don’t mind a party once in a while.
But 3 out of control kids running around all day, playing ball or whatever (school is out) is just not acceptable.

They landlord was not too receptive to my complaints and insists that I deal with his property manager. His unit is a nice 3 bedroom penthouse unit. I’m worried that this family will destroy the whole place. I think the landlord will thank me in the end when he evicts the tenants.

The property manager screened the tenants. It was a total mistake to rent to them. I have seen the place. A clusterfuck inside. But the mom walks around with a Louis Vuitton bag and puts on airs. Totally irresponsible parent. I feel sorry for the dad who has to make child support payments.[/quote]

How old are the kids?

[Coronita]

[quote=JohnAlt91941][quote=flu] So they started vacuuming upstairs and moving furniture in the middle of the night…..And when my kid forgot and started bouncing on the bed and I told my kid stop, my relative said “why bother? Jump harder…”

Just saying….

[/quote]

Your relative sounds like a POS to me. Just sayin….[/quote]

You sound like a POS to me without knowing all the facts. It figures. Just saying.

My relative isn’t someone to kick around.And the lady downstairs is bitch. She parks in a shared driveway, such that others can’t get out. She’s always late with her shared water bills. It was to the point that one time the water was turned off for everyone. She runs her laundry in the middle of the night. She delivers all her packages to her home address, and asks the mailman to leave it with my relative, without telling my relative that she did it. And then when the package gets stolen, she blames my relative. There were so many times that she doesn’t pay her utilities bills, my relatives had to go chase after her daddy who bought her her $2million house (who owns a dealership or two). Too bad she’ll never get foreclosed on because her daddy always bails her out.though there were some instances when apparently her daddy cut her out temporarily (I think her mercedes was repossessed when daddy stopped making the payments on it, at least that’s what the tow truck driver said)..Basically, she’s a wannabe socialite that can’t manage her money, that can’t/doesn’t work, and is dumber than the doorknob that’s on the front door. I can’t count home many times when I was visiting that dumb bitch left her keys hanging on her front door throughout the entire day, wondering were the fvck her keys were the next day, and as a courtesy since we don’t want deal with a burglary downstairs, we just took them and left a note. Not a goddamn thank you a single time.

[NotCranky]

The landlord told you to talk to the property management people. Did you do that?

[FlyerInHi]

[quote=Blogstar]The landlord told you to talk to the property management people. Did you do that?[/quote]

Yes. It’s been months but the noise has not abated.

I need to make sure the landlord evicts the tenants or does not renew the lease. I think some money spent on a lawyer will be money well spent.

[Author]

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