the guy above does not seem to remember that people live below him. WTF....it sounds like this guy is about 400lbs with every step he takes....but he is actually around 150 pounds. Why can't he just sit down for 30 f'n minutes. I no longer need an alarm clock because this guy keeps me up all night. I swear, it sounds like he loves doing jumping jacks through out his whole apartment. I talked this guy one and he just gives me a "well tough" attitude". When will resorting to retaliation be justified?
I feel your pain. After 15 months of almost the exact same thing, I am moving. The guy upstairs is like 250 pounds and he doesn't sit down for even 5 minutes. AND he is up to 4 a.m. every day!
He has mental problems and he thinks he has lost "something" so he is constantly moving the furniture to try and find it.
Here's what you can do. First find out if your town or city has a noise ordinance, most do. In my town its 10pm to 8 am. Then contact the landlord. The landlord MUST look into it. Or, in most parts of the country you can sue him, either in small claims or regular court. AND you can sue the guy above you. I forget the exact term, but its interfering with your reasonable right to enjoy your rental property.
According to the police in my town, no single noise must be particulary loud. Constant noise of a low level is prohibited.
In my case, the fellow upstairs can't help himself. And I don't want to sue him since he has no money anyway, and it wouldn't fix the problem.
My landlord is a heckuva nice guy and won't evict him. He has no lease. However, I am not going to sue my landlord since he is trying to help the guy since he really is not capable of finding another place.
Luckily for me, I found a much better place, for just a little more.
But if you have a lease, and/or really don't want to, or can't move, explore the options above.
btw if you don't have a lease, or are afraid you will be evicted or not have your lease renewed if you take action, check with your local legal aid or a lawyer.
In my state, if you have made a complaint about a health and safety violation and the landlord tries to evict you for any reason, its assumed to be retaliation, and he has a huge hurdle to prove it's not. In effect, in my state, you can stay as long as want, as long as you pay the rent if you do this. In my building there is a smoke detector that has been broken and hanging down for 4 months. So I had an easy complaint. Even a front door that doesn't close unless pulled tight is a valid complaint in my state.
Lastly, if you really feel your landlord is not doing his job, in most states you can not only sue for the part about enjoying your rental property, but can sue him for anything related to it. For example, if you can't sleep and lose your job you can sue him big time for that.