Toddlers and washing machines both running after 10 pm...

When the lease specifies that The tenant may peaceably and quietly enjoy the premisis, suject notetheless to terms and conditions of the lease. Specifically under Additional Terms and Conditions....Tenant shall not cause or allow un unreasonably loud noise or activity that might disturn the rights, comforts and conveniences of other persons.

How does this pertain to toddlers and running washers after 10pm? As property managers, are we not allowed to enforce any kind of restriction for the peace and quiet of our residents? How far do fair housing laws reach in this situation? :S

Where does the complaints come from in relation to the apartment where the toddler and the washer are running? May give some suggestions to consider after this information is provided.

The complaints are coming from the resident in the apartment just below. This is not the 1st time they have complained or the second. The residents with the toddlers and the washing machine are unwilling to make any consideration at all. They are saying that I can not discriminate against their children. The issue is NOT whether or not the children can live there. The issue is the parents are not willing do control their children during late night hours in addition to objecting to doing their laundry at an earlier hour.

Any suggestions and help will be appreciated!

The washer and dryer are located just above his Master Bedroom.

(Not legal advice) I would make it very clear that you are not discriminating against their children - that you act on any noise complaint regardless of who the person is. But be careful because Fair Housing often seems to be "guilty until proven innocent", unfortunately, so even if they are wrong, it could cause a big issue for you.

(This is also not legal advice) Seems as though from what I am reading you have tried to communicate with the tenants and they have issues. Maybe there are some options you can give.

One in trying to resolve the issue look at the carpeting in the unit where the child lives. Maybe there is or is not padding to muffle the sounds. Maybe the child has a medical condition which cause him or her to be hyper active. To me the child is the most sensitive issue here and needs to be explored. MAybe their diet, or the sleep plan. What is the age of the child?

The waching on is simple and this one is do you have an established time for washing. I had quiet hours posted from 10 PM to 7 AM and of course during this time there was no running of washmachines if the neighhors complainted because I went back to the quiet hours.

Getting back to the child and their age of course the younger they are the more difficult it is for the parents. So you may want to talk to them about a ground floor.

Then there is the who moved in first? Was it the parents with the kids or the couple below them? If the parents were there first, the couple that came in after were they told about the child and possible noise? Maybe you want to look at moving the couple.

Maybe for the future parents with children can be placed on the lower floors if at all possible.

Just throwing somethings out there because I am not on the ground and maybe there is something in here that will give you some other ideas. I mean it may come down to you have to go by your contract and enforce those rules and give the noise makers notice. It would be for the time they chose to wash as the reason. To me that one is the easy to do first.

Normally I like to be on the ground and get a since of the lay out and the tenants invo;ved and work it from there.

Let me start by saying that as a Manager, please stick to the issues resolved within the framework of your Lease, a legally binding contract. Because you are neither a doctor nor the child's parent, NEVER talk to parents about their children's ages, sleep patterns or medical conditions such as hyperactivity disorders. Nothing will get you into trouble faster than that.

Second, it does not matter who moved in first. Right to peaceful and quiet enjoyment is the right of all Residents regardless of their move in dates. Truthfully, I would not try to "steer" people to one floor level or another especially those who have children. However, you can offer to transfer the complaining Resident to a different apartment if you have somewhere else to move them. If you charge Transfer Fees, I would offer to waive the Transfer Fee.

This type of situation is always difficult. Sometimes no matter what we do, someone is unhappy in this situation because people with children can parent in whatever way they please, barring abuse. And everyone always has his own opinion about the rearing of children. Be careful when treading this subject! In fact, don't do it.

Fair housing laws prohibit the steering of protected classes, such as families with Children to a certain floor. Regardless of who moved in first, I am bound by fair housing laws in a very uncomfortable situation for the resident on the lower floor.

Either way, I'm going to lose a resident / lease to this problem. The family causing the disturbance is not willing to even consider, washing their clothes at a different time or control running in their apartment.

I have spoken with both the Baton Rouge Appartment Association and the Greater New Orleans Apartment association and both said there was nothing I could do and cautioned me against saying anything to implicate children or asking them to do their laundry at a different time.

The carpeting and pad in the apartment are fine, but nothing can withstand running people big or small in the late hours of the night.

I appreciate your reply. Apparently there is nothing I can do.

The Posting of Quiet hours is a good thought though and I might try that in each building with the permission of my property owner. Thanks again.

The age of the resident doesn't matter. Making noise during quiet hours is a violation of the terms of the rental agreement, and lease-holders are responsible for any other residents in their unit.

The 1st time is a verbal reminder. The second one is a friendly note. For each occurance after that, I would give the offending resident a notice of non-compliance and make sure they know that multiple notices can derogitavely affect their rental history.

I wish it were that cut and dried! I spoke with two Apartment Association Reps in both Baton Rouge and New Orleans. Fair Housing basically treats complaints like we are guilty until proven innocent. And that is what the Apt. Assn. reps said.

One has to tread very lightly and with great diplomacy when addressing problems with children.

Luckily...the resident in question called me and said (at their request) they would like to transfer to the next 1st floor 2 bedroom that comes up. I re-iterated to them that it MUST be their decision.

Toddlers are so hard to control. Speaking from someone who lived underneath one...I thought bowling balls were dropping on the floor! LOL... I have compassion on both sides as a resident AND a property manager.

As for the washing machine...I was told by one of these Apt. Association reps that I could NOT tell someone when or when they could not wash their clothes. If this is not accurate, someone needs to educate these employees that we rely on for answers. As a rule, I don't think washing machines and dryers are a protected class! LOL :lol: