If your lease states excessive noise and the quiet enjoyment of others and the upstairs resident will not comply then it’s a lease violation.....see ya!
In the past I have transferred the one complaining of the noise and if it happens to the new person that moves in to that unit I get legal involved. Now if you transfer the one complaining of the noise and they complain again, legal gets involved.
I had 2 cases of this at the same time during this pandemic and I had offered to transfer or release from the lease of the ones complaining (bc I had never had complaints from the upstairs apartments before) the complaining residents refused either option, so again, I had legal send a notice. Sorry if that's a lot
I am having the SAME issue. I’ve been going back and forth for weeks with the resident. They’re getting their 3rd lease violation and NTV tomorrow. I had the resident below contact the courtesy officer every single night. Then, once that didn’t work I told her to call the sheriffs department.. That didn’t work so we got approval to give NTV. Everyone has a right to live peacefully and having the walls shaking and not being able to sleep isn’t fair. I know we can’t influence what floor people choose but you can’t tell me that people moving in knowing they will be above someone don’t think about the noise that’ll be coming from their apartment
I agree your best course of action is going to be to move the above tenants. They are in violation of their lease by disrupting other’s living and you will only continue to have problems with anyone else you place below them.
Control yo damn kids. If upstairs can’t be quiet then they need to move down stairs or move out. You have to control the amount of noise and if you’re disturbing people that needs to be addressed. I feel like downstairs is in their rights to complain. Have you played them the video?!? You know they’d be pissed if someone was keeping their kids up and disturbing them.
Parks are closed. Schools are closed. Many activities are canceled. What do you expect kids to do? Sit still and be quiet all day every day? I watched that video it wasn't even a little loud. Kids make noise, they are allowed to make noise, it's healthy for them the move around and make noise. The fact that everyone is home all day doesn't change this. Kids that live in apartments still get to live their life and be a child.
Tread lightly on this one. Asking the household with kids to move may be perceived as a fair housing violation based on familial status. Especially if you ever wind up doing it more than once at your community. Fair housing is about effect, not intent. Deal directly with the complainer as this probably has more to do with their perception than anything.
I dont miss this. It is community living. If you move them you can't just not move in another family above them. At the same time if your not giving the heavy feet households I would tread lightly with children running.
I have the same problem with one! I've lost 2 families, and when confronted, she always denies, and swears her kids are in bed. during covid I couldn't evict, but she has all the violations (shes also on housing), but she has finally failed once again and getting another final violation and eviction sooner than later due to refusing to let management in and noncompliance to fix blinds
Don’t forget to speak to your legal counsel. During the pandemic you may not be able to make them move unless there is criminal activity. The courts may frown up any eviction like this right now.
I’m trying to be careful with these right now, what’s considered normal, nothing is what it was, with everyone home all the time I try to diffuse a few times and have certainly noticed the complaints are less graceful and tend to report daytime noises which are going to happen when kids are home all day now. I’m more sensitive to the needs of the children at the moment and being open minded about what is reasonable for them. The last thing we need is for parents to fear losing housing and put the children in fear, or make unsafe choices to protect their home; but we need to have the conversations and do the outreach.
I had same problem about a year ago and last for about 6 months they ended up calling the cops on each other. I finally had an apartment the downstairs neighbors could transfer too. When they moved in they wanted to be on 1st floor now they decided they would prefer 2nd floor. When maintenance did the makeready they did notice it was kinda loud during the day but try to tell a 2y/o to not run and play and they have to be quiet inside. My property was built in the late 70s early 80s so not the best insulation. My office is actually an apartment so I have upstairs and side neighbors. I have had families and senior adults and young adults live on the sides and upstairs as well as dogs. I have heard elephants (kids running) vacuum cleaners, showers going, toilets flushing, sex, music, dropping weights on the floor, dogs barking all while I am working or trying to work. Yea it is no fun but it hasn’t been excessive in my opinion I know they will stop at some point or I will leave to go home in the evening. Having loud neighbors is a part of apartment living if you don’t want close quart neighbors go buy a house on a few acres then you can complain about mowing a huge ass yard and having to actually pay someone to change a light bulb, ac filter, unstop a toilet, etc because we know tenants are tenants and all they have to do is pay rent and we (onsite personnel) have to do everything for them to make their lives so much better ( yes I am being sarcastic)
4 years 2 months ago#42535by Nicole Marie Robertson
I have a large family but do not live in an apartment.
We had visited friends on the 2nd and 3rd floor and the pool was used.
The anger we received from people with NO kids was amazing.
To help in this issue. Move your tenants on the 1st Floor, give them some perks and help them tame their kids.
After all, non of us where born as adults with a house, car and DL.