False noise accusations by neighbor....

mikehartl

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Jul 14, 2003
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My roommates and I are now six months into our year-long lease.

Within the first month of moving into the apartment, we threw a party. While it was not excessively loud, I'm sure it disturbed the neighbor below us, so we received a noise complaint. Fine... we deserved that one.

We have since refrained from having people over, yet still receive noise complaints from what I believe to be the same neighbor. (She is below us, we are a corner apartment and there is a stairwell on the other side of our apartment, so she is the only neighbor we have.) My roommates wake at two or three in the morning to go to work, and therefore go to bed early. (Before quiet hours at 11). We have received several letters from our landlord stating that we were keeping our neighbors awake at night and knocking their pictures off their walls.

These are absolutely false and ridiculous accusations being made against us. The apartment across the stairwell has parties often going until four in the morning, with people our age (21) running down the halls. I believe we may receive complaints by mistake that were intended for them, but despite informing the landlord that it isn't us making the noise we are still receiving letters.

We just got back from a weeklong vacation in Florida, and our apartment was vacant seeing as how all three of us went on the trip. The day we get back we find ANOTHER letter stating that we are disturbing the neighbors and the next complaint will result in eviction. Also, our neighbor informed us that night that the police had come to her door and asked questions about us, like if she has had any problems with us, etc.

At this point, all three of us want to move out as soon as possible. I feel that we are being harassed and falsely accused of noise. What really gets me is just last night the lady below us had a party where my roommate was woken up by someone pounding on the walls just under his bed, yet we are the ones receiving the complaints.

I have already talked to the manager of our property and she again stated that if the noise doesn't stop, we will be evicted. She does not believe me that we are not in violation of the noise policy. I asked her if there was an option to get out of the lease early (at the six month mark) due to the fact there are so many problems, and she said absolutely not. I've figured the manager can not take us to court because there is no actual evidence it was us, just the neighbor's word. There have been no police at our apartment for a noise complaint or anything like that.

Do I have any protection or rights as a renter against something like this? I would ultimately like to get out of the lease and move.
 

tasmanian

Diamond Member
Dec 22, 2006
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Tell the landlord to make the complainers prove it. Tell them to record a video of it happening. Or confront them and tell them to stfu and stop complaining or you will kill them.
 

oogabooga

Diamond Member
Jan 14, 2003
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Originally posted by: tasmanian
Tell the landlord to make the complainers prove it. Tell them to record a video of it happening. Or confront them and tell them to stfu and stop complaining or you will kill them.

Especially if you can prove all of you were on vacation when a recent noise complaint was lodged - Then complain in turn that you're constantly being hounded unfairly.
 

Born2bwire

Diamond Member
Oct 28, 2005
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Are you guys students? Talk to your university legal services and tenant services departments (most universities have something like this). In all honesty, if he does try to evict you, I would expect that the eviction process would probably take up almost the rest of your lease. Of course the legal action itself is not fun to go through.
 

coloumb

Diamond Member
Oct 9, 1999
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So if I read your post correctly - a noise complaint was made while everyone was in Florida? Well if you can prove everyone was out of town during the noise complaint - then show the landlord/police [obviously they have the complaint on file].

My first thought/gut feeling about this - it sounds like a scam since you can't get out of your lease - OR - your neighbor thinks you are the source of the noise [due to the 1st incident] and is not blanket blaming you for any noise.

I'd definitely see about talking to a lawyer about this.
 

sandorski

No Lifer
Oct 10, 1999
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Get evidence of your Neighbour making noise. Sounds to me like you should have been more proactive a lot sooner.
 

mikehartl

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Jul 14, 2003
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while I appreciate the responses, I am obviously not going to torch the place down or anything like that.

I would like to get out of this as easily as possible, and I don't want things to get ugly. I thought about contacting the police and/or a tenant's association to see what my options are.

The letter was written and put under our door when we were in Florida and we came back to find it. When asked about it, my manager only said that we receive ongoing complaints, she did not give me specific dates or times when the complaints were received. Is it within my rights to ask for a list of the dates and times? We honestly have no idea where these complaints are coming from, and I also believe our neighbor has no evidence whatsoever that the noise is coming from us- it is all based on their word.
 

mikehartl

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Jul 14, 2003
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Also, I am a broke college student who barely makes rent... I can not afford a lawyer.

It might be the fact that the three of us are 21 that the manager automatically assumes it is us making the noise.
 

Born2bwire

Diamond Member
Oct 28, 2005
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Originally posted by: mikehartl
Also, I am a broke college student who barely makes rent... I can not afford a lawyer.

It might be the fact that the three of us are 21 that the manager automatically assumes it is us making the noise.

Check to see what your university offers you. For a fee of a few dollars a semester, I was entitled to legal services from my university in addition there was a department devoted to providing tenant services and advice to the students.
 

mikehartl

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Jul 14, 2003
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Would a university offer these services to students that live off campus? I do not live on campus it is a private apartment complex.
 

sandorski

No Lifer
Oct 10, 1999
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Originally posted by: mikehartl
while I appreciate the responses, I am obviously not going to torch the place down or anything like that.

I would like to get out of this as easily as possible, and I don't want things to get ugly. I thought about contacting the police and/or a tenant's association to see what my options are.

The letter was written and put under our door when we were in Florida and we came back to find it. When asked about it, my manager only said that we receive ongoing complaints, she did not give me specific dates or times when the complaints were received. Is it within my rights to ask for a list of the dates and times? We honestly have no idea where these complaints are coming from, and I also believe our neighbor has no evidence whatsoever that the noise is coming from us- it is all based on their word.

Tell her what Dates you were away. I'd definitely be talking with some kind of Legal or Housing advocacy group. She might be trying to railroad you.
 

zerocool84

Lifer
Nov 11, 2004
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Originally posted by: mikehartl
When asked about it, my manager only said that we receive ongoing complaints, she did not give me specific dates or times when the complaints were received. Is it within my rights to ask for a list of the dates and times?

Of course it's within your rights to ask. It's your life. Why you haven't done that already baffles me.
 

Glitchny

Diamond Member
Sep 4, 2002
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Originally posted by: zerocool84
Originally posted by: mikehartl
When asked about it, my manager only said that we receive ongoing complaints, she did not give me specific dates or times when the complaints were received. Is it within my rights to ask for a list of the dates and times?

Of course it's within your rights to ask. It's your life. Why you haven't done that already baffles me.

Yea ask for specific times and written complaints detailing what was going on at those times. Without specific reports I would tell them to go to hell. If they can't produce documentation as to when exactly it was etc then they can't evict you. Also have you talked to your neighbors (the ones complaining) about this yet? and what specifically they say is keeping them up? It could very well be you getting in trouble for what another apt is doing.

 

DayLaPaul

Platinum Member
Apr 6, 2001
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Tell your landlord to get bent. If they want to try and evict you without the police ever having issued you a ticket for a noise disturbance, they're asking to be laughed out of court. That's pretty much the only proof that is acceptable in an unlawful detainer case. Not this he said/she said bullshit.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
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It it truly isn't you, counter with harassment - those letters keep coming without them doing any investigating. You already explained that it wasn't you. FWIW, when I lived at college, guys on the 3rd floor were spinning weights on the floor (like spinning a coin) - as they slowed down & went flat, they made the same sound as a coin makes, except deeper & louder. It was loudest on the 1st floor, not the 2nd floor. Took forever to figure out where the noise was coming from.
 

TechBoyJK

Lifer
Oct 17, 2002
16,701
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You really don't have anything to worry about. Tell the landlord you are going to ignore the notices completely unless a Police Report comes with the notice and they have documented, witnessed displays of noise disturbance.

Seriously. After that, just throw the complaints away.

The landlord can't do much, and if it gets bad enough just say "Hey, i already talked to a lawyer. You are blowing smoke. You need police reports. You can't evict us. Quit wasting your time."

After that, just laugh at the landlord.

I had a noisy neighbor that lived above me in my last apartment. I was pretty bent out of shape and wanted the person evicted. (it was pretty bad). My landlord told me they needed to witness the noise or a cop had to be called to witness it. Otherwise, they're wasnt much they could do. They said they would write 'warning' letters to the tenant, but until the complaints were witnesses or cops were called, the tenant could just ignore the warnings.
 

SagaLore

Elite Member
Dec 18, 2001
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Get someone else to take over your lease, and leave.

It will be funny when the landlord continues to get noise complaints when you have moved out.
 

Legendary

Diamond Member
Jan 22, 2002
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Leases are two way binding agreements, at the very least the landlord will need to provide thorough documentation in order to break your lease and evict you. Since you will be able to contradict at least some of the noise complaints (not in the state is a good way) I don't see how it will be a big issue (yet)
 

mikehartl

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Jul 14, 2003
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thank you for all the replies, this reinforces what I had previously thought- they cannot evict us and take us to court based on simply our neighbor's word.

now can I use this hounding/harassment/whatever you want to call it as grounds to end the lease early? We really don't even want to stay anymore.