Please, Need some help with apartment issues, roomate being unreasonable

[MetalMat]

So our lease expires in January and we got a noise complaint at our apartment. We were told that they would not be renewing our lease and one more complaint and we would be evicted.

What is worrying me and my room ate is that the complaint that the apartment received seems false and states:

Sent on Sept 8th: " Over the past 4 days there has been booming bass coming from the apartment from 10 till 1 am, after that it starts again at 7 am and goes on periodically throughout the day. I tried to confront them multiple times but they refused to cooperate. My walls are shaking from the bass and it is hard to live."

We had not been home during most of those days. Even when we are, we are not being noisy at all. We got a complaint earlier in the summer and since then have turned everything down and been careful. Plus this person has not asked me and my room ate to turn the noise down, that is a lie. Plus from 7 am periodically throughout the day? Come on. And don't you seriously think we would know if bass was rattling someones walls?

Because of this my room ate wants to move out ASAP (like week and half) and break the lease, he does not care about breaking the lease and does not care about going to collections. He is saying there is no way that we are going another 4 months without getting another complaint if this is the case. I keep telling him that this is going to ruin our credit scores and will be as bad as an eviction but he is not listening.

I want to talk with the apartment about this but I would like some advice from you guys. I can honestly tell you that we have not been noisy at all and this is also a concern of mine. If we were and the cops were called on us or what not I would understand.

I was planning on moving in January anyways but the apartment is too much on my own and filling it with another room ate in such a short period of time will be very hard for me.

Cliff notes:
- Received noise complaint, one more and we are evicted
- We have not been noisy, letter to apartment is seems false
- Person with noise complaint says he asked us multiple times but never has
- Room ate being unreasonable, wants to move out ASAP, worried about getting evicted
- He does not care about breaking the lease and going to collections
- Apartment is too much for me alone and finding a room ate will take time

 

[SandEagle]

ARE there racists in or around your complex?

 

[Atomic Playboy]

Can you talk to the landlord or apartment manager about it? I had an experience with a bad neighbor who called the cops on my girlfriend and I at 3 in the morning and claimed we had pried up boards in our closet and were dumping human feces on him (no joke). He had already registered formal complaints with the apartment manager and we were told we would be evicted. When we sat down and reasoned with the apartment manager, she told us that he was a paranoid schizophrenic who had been given the apartment as part of a low-cost housing solution for crazy people because the local assylum was over capacity (also no joke). They couldn't force him to move, but we could switch apartments "if we wanted to."

My point is, if you have a conversation with the manager and present your side, maybe this could all be worked out without you bailing on your commitments or getting evicted.

 

[Spikesoldier]

this is when you tell the landlord my roommate is being unreasonable.

 

[ElFenix]

where did your other Ms go?

 

[MetalMat]

Can you talk to the landlord or apartment manager about it? I had an experience with a bad neighbor who called the cops on my girlfriend and I at 3 in the morning and claimed we had pried up boards in our closet and were dumping human feces on him (no joke). He had already registered formal complaints with the apartment manager and we were told we would be evicted. When we sat down and reasoned with the apartment manager, she told us that he was a paranoid schizophrenic who had been given the apartment as part of a low-cost housing solution for crazy people because the local assylum was over capacity (also no joke). They couldn't force him to move, but we could switch apartments "if we wanted to."

My point is, if you have a conversation with the manager and present your side, maybe this could all be worked out without you bailing on your commitments or getting evicted.

I will try but I honestly don't think that there is much they will do besides just point to the lease. I mean, don't apartments do background checks on you when you sumbit and application, and if they do won't they see that you have unsettled debt with another apartment complex?

 

[AstroManLuca]

I don't understand why you can't just explain to your landlord that you think these claims are false. I mean if you don't come across as a dick I'm sure he/she would be willing to listen to you. I understand your roommate's sentiment that it's difficult to live in a situation where you're both under lease AND one false complaint away from being evicted, which is why you need to speak with the landlord or building manager and explain what's going on.

 

[KaOTiK]

Why not explain the situation to the landlord? Also if you have any proof that you both were not home at some of the times you are excused of being home making this noise (like being at work/school) I'd get that first to show.

 

[Atomic Playboy]

I will try but I honestly don't think that there is much they will do besides just point to the lease. I mean, don't apartments do background checks on you when you sumbit and application, and if they do won't they see that you have unsettled debt with another apartment complex?

My point was more that you could demonstrate that the claims are false, especially if you can prove that you weren't at home when some of the claims were made, or if you could find another source of loud bass thumping that wasn't coming from your apartment, or whatever. They might ignore you and claim that it is entirely your fault, but if you can have a calm, reasonable dialogue, then you might get the complaint voided.

 

[Numenorean]

What did your room eat?

And TWO FUCKING M's!

 

[MetalMat]

My point was more that you could demonstrate that the claims are false, especially if you can prove that you weren't at home when some of the claims were made, or if you could find another source of loud bass thumping that wasn't coming from your apartment, or whatever. They might ignore you and claim that it is entirely your fault, but if you can have a calm, reasonable dialogue, then you might get the complaint voided.

Sounds good, I will go talk to them myself this afternoon. Don't know if I can show them any real proof, I drove up to Dallas and stayed at a friends place. Maybe gas receipts and credit card receipts?

 

[KeithP]

As others have said, you should talk to the landlord about the false claims. That being said, are you sure they are false? Is it possible while you weren't around your roommate was causing these problems?

Also, most leases have a penalty for breaking them. If you pay that penalty, I don't believe your credit score will see any fallout. Tell your roommate that if he wants to break the lease he has to pay the penalty.

Of course there is always the possibility that the landlord will be happy to see you guys leave and will let you out of the lease.

Whatever happens, make sure you get everything in writing!

-Keith

 

[Taughnter]

I don't understand why you can't just explain to your landlord that you think these claims are false. I mean if you don't come across as a dick I'm sure he/she would be willing to listen to you. I understand your roommate's sentiment that it's difficult to live in a situation where you're both under lease AND one false complaint away from being evicted, which is why you need to speak with the landlord or building manager and explain what's going on.

Essentially do this, only in letter form. Include information explaining where you were those days/nights during the time in question. If you were asleep, point that out and if you were not in the apartment, point that out as well. Make sure to include the fact that you were not approached by the neighbor and that it seems like this complaint is directed at the wrong apartment/tenants.

Make sure to send that letter to your landlord via Certified Mail with a return receipt card, just as insurance.

I have no idea what the L/T laws are where you live, but in most places a landlord can't unilaterally evict you. He's sending you this letter, most likely, because it's a requirement for him to give you notice or a "cease and desist" letter so that he can apply to the court later to have you evicted. By sending him the letter detailed above, you're at least going to have an argument that he was wrong and that he knew it if he does later try to have you evicted.

It could actually be worth talking to them before firing off a letter, but even if they do agree that it's a mistake, you still want to send that letter confirming your conversation and the fact that it was a mistake.

 

[MetalMat]

Essentially do this, only in letter form. Include information explaining where you were those days/nights during the time in question. If you were asleep, point that out and if you were not in the apartment, point that out as well. Make sure to include the fact that you were not approached by the neighbor and that it seems like this complaint is directed at the wrong apartment/tenants.

Make sure to send that letter to your landlord via Certified Mail with a return receipt card, just as insurance.

I have no idea what the L/T laws are where you live, but in most places a landlord can't unilaterally evict you. He's sending you this letter, most likely, because it's a requirement for him to give you notice or a "cease and desist" letter so that he can apply to the court later to have you evicted. By sending him the letter detailed above, you're at least going to have an argument that he was wrong and that he knew it if he does later try to have you evicted.

It could actually be worth talking to them before firing off a letter, but even if they do agree that it's a mistake, you still want to send that letter confirming your conversation and the fact that it was a mistake.

Sounds good, I would rather talk to him first before writing any letters to see what we could do

 

[alkemyst]

where did your other Ms go?

QFT, I am thinking a room ate is someone that blasts the stereo in the middle of the night and no one can prove a thi g.

Dude respect your neighbors.

 

[corwin]

Wait...did the room ate the proof it wasn't your music?

 

[Modelworks]

Before getting panicked have you talked to the people making the claim against you ? One of the biggest problems with apartment complexes is a lack of communication. When everyone that lives in an area doesn't talk and uses the landlord as a peace keeper you will have problems. I make it a point to introduce myself and talk to the people I live near when I move in. Nothing worse than moving into a new place and not knowing who else you live near. Leads to a lot of misunderstandings.

 

[OverVolt]

Talk to your apartment complex you idiot.

There is no nice way to put that. You can tell from your OP that you did not in fact talk to the leasing office or anything. Get some balls and go talk to the leasing office. They are not going to renew your lease over an issue that is not your fault. I would have gone over there while still pissed after reading the notice to gain leverage and take care of the problem quickly.

Guh, don't let the people below you take advantage of you just because they don't like you and they think they can get you out because you're college kids. They themselves don't have any balls because they never knocked on your door. So this should be cake to actually stand up for yourself.

 

[Ns1]

uhm, who's name is on the lease?

 

[I Saw OJ]

2 college age dudes blasting music all day? Is the OP my neighbor?

 

[gooseman]

What the hell is a room ate?

 

[FleshLight]

So Room Ate wants to break the lease, pay the lease break penalty (probably 2 months rent), so he can avoid getting evicted?

 

[MetalMat]

QFT, I am thinking a room ate is someone that blasts the stereo in the middle of the night and no one can prove a thi g.

Dude respect your neighbors.

Come on dude, I am a responsible person. I'm not blasting music in the middle of the night, I know people need to sleep. But really, when someone says that we are still blasting music periodically throughout the day? Both of us are at work, how the hell could we do that? If this person would just talk to us and not lie about talking to us I would be glad to come to an understanding

 

[DrPizza]

People need to read more carefully:

Even when we are, we are not being noisy at all. We got a complaint earlier in the summer and since then have turned everything down and been careful.

So, it seems that the first complaint letter was valid - because you have "since then have turned everything down." I'm going to go out on a limb here and guess that you don't have a clue how far and how well bass travels in many buildings. If you're in an apartment, you probably shouldn't have a subwoofer, period. So, it's not just a matter of turning it down - it's a matter of eliminating it. You do have a subwoofer, right?

 

[MetalMat]

People need to read more carefully:


So, it seems that the first complaint letter was valid - because you have "since then have turned everything down." I'm going to go out on a limb here and guess that you don't have a clue how far and how well bass travels in many buildings. If you're in an apartment, you probably shouldn't have a subwoofer, period. So, it's not just a matter of turning it down - it's a matter of eliminating it. You do have a subwoofer, right?

That complaint was because of a party we were having. Yes we have sub woofers but we had not had a complaint before then. I don't mind unplugging them if its that big a deal but we have always kept them low. I know how far bass sound but "Rattling my walls all night"..... there is no way our small sub would do that.