What would ATOT do in this renter's situation?

Joemonkey

Diamond Member
Mar 3, 2001
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I'll try to put in a long story and cliffs, but who knows what will happen. Just a little background to let someone play the race card if they feel like it, I'll let you know my wife and 3yo daughter and I are white and the downstairs neighbors are a 300lb black man, 100lb white woman, and 2 mixed kids probably 1yo and 3yo

we have been here since Sep 2008, who knows how long they have been here. They live on the 2nd floor, us on the 3rd.

The downstairs neighbors constantly fight, yell, slam doors, etc., F-word easily understandable through the floor to the point where we turn up the TV/stereo or tell our daughter it is singing and dancing time to prevent our daughter from coming up to us and asking "daddy/mommy what does f*ck mean?"

We never called in a noise complaint against them due to the fact we knew it was apartment life, get over it, oh well. One day in October while the wife and I are watching Dexter on Showtime (in case you don't know, very little loudness and/or music, mostly dialog) loud enough that we can simply hear the talking OK, we hear their door slam, running up steps, and a loud knock.

Wife answers the door, it's the female from downstairs asking if we were listening to music loudly. We asked her if she even heard anything from outside the door, she said no, we said "uh, well ok then, we'll still turn it down."

Happens again sometime in December, still said they didn't hear anything outside the door, no big deal, we told her we'd turn it down.

*pay attention! admission of SOME guilt!* new years eve we BLARE aud lang syne when midnight hits, chick comes up, we apologize, oh well ;)

2009 rolls around, we start getting the distinct smell of weed smoking in our kitchen and bathroom. Back in 2008 we smelled it as they smoked it on their deck, but we just closed our deck sliding glass door and looked at each other and said "meh, live and let live." However, in this instance, we call the apt office, they tell us to call the cops. We honestly don't care about pot smokers smoking pot, nor do we want to call the cops on them, but we don't want our 3yo daughter smelling/inhaling it asking us questions about it, not to mention that whole "you have rights until they infringe upon your rights" thing in the constitution

Their pattern seems to be "take the kids to daycare/school/grandma's/whatever then go home and toke up" so one day while I'm at work my wife finally gives in and calls the cops. The cop on the phone hears my daughter say "Mommy what's that smell?" and says she'll take a personal interest, sends out officers, they don't open the door, and oh well

One day my wife and daughter go out of town and I watch Iron Man on blu-ray, start the movie at like 7:30pm, and apparently downstairs neighbors call the cops on me for having it too loud. I was constantly upping and downing the volume to simply "hearable" levels to make sure I didn't piss off the asshats downstairs, yet they call the cops on me. About 8:30pm a cop comes to the door, i answer, he says they've received a noise complaint. I ask if he even heard anything outside the door, he says no. I tell the cop that it was probably retaliation for our call, he says "if you're telling the truth, that sounds about right" and leaves.

A few more weeks go by and we hear via our floor (literally) loud enough that dude had cheated on chick, 2 cop cars our outside, they tell him to leave and not come back, he leaves, 20 mins after the cops are gone, he's back. Many more times over the next few weeks this EXACT same thing happens, multiple cop cars outside our stairwell, multiple cops in and out of their apt, etc.

A few weeks later the guy from downstairs comes up for the first time, says "you guys playing something with a lot of bass?" and i say "uh, no... in fact our stuff is paused..." he says "hmm i still hear it" which makes me think "ok well our shit is PAUSED and you're still hearing shit?!?!"

We do have four big wooden speakers from the 70's sitting on the floor, so we thought we would try to be nice and go out and buy four $8 planter holders on wheels to get them off the floor completely just in case it really IS somewhat loud/bass-y down there. We still watch TV and movies at the same volume, no complaints since we bought them, so maybe it was "loud" down there? yeah i doubt it, they probably were just too high to complain...

The pot smell continues, and both our bathrooms constantly smell like cigarette smoke, so my wife calls the apt. complex to have their courtesy officers check on it to OUR apt, not theirs. courtesy officers are busy so my wife asks 2 of the office workers to come to the apt, both say "oh yeah that's pot" and suggest we call the cops. Cops come, downstairs neighbors don't answer the door (neither would I if i was smoking up!) and nothing happens.

i start looking through my lease and see that

Resident, any member of Resident's household, Resident guest or other person under Resident's control, shall not:

i: engage in criminal activity, including drug-related criminal activity, in or near the apartment community. "Drug related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance (as defined in section 802 of Title 21 of the United States Code);

ii: Engage in an act intended to facilitate criminal activity, including a Drug-related criminal activity, in or near the Apartment Community

<snip>

VIOLATION OF ANY ONE (1) OF THE ABOVE PROVISIONS SHALL BE CONSIDERED AN EVENT OF DEFAULT HEREUNDER AND GROUNDS FOR IMMEDIATE TERMINATION OF THIS LEASE

so tonight, we're watching slumdog millionaire, which gets VERY loud at times, but i'm still on remote duty and am constantly upping and downing the volume so it isn't too loud. About 1.5 hours into the movie a cop shows up at our door with a noise complaint! chick from downstairs comes out and yells up "about time you got here! we called 2 and a half hours ago!" and he says "ma'am I will talk to you in a moment!" and the cop and my wife both hear the guy say something about "that bitch upstairs"

now wait... 2.5 hours ago? 1.5 hours into the movie? and they said it sounded like people were "jumping around" up here? 2.5 hours ago we were all sitting quietly in the dark and ANYONE with a kid knows that at bedtime there is NO jumping around and simply quiet time

15 mins after the cop left we heard 300lb dude outside in the parking lot yelling shit, driving off, coming back, yelling more shit, then out on their deck yelling about "stupid bitch and i hope you heard that" and who knows what else! We just sit up here looking at each other wondering what kind of person seriously thinks that will get something done...

so..

Cliffs:
shitty ass downstairs neighbors
illegal activity
cops don't care
we are willing to move but don't want to pay penalties

UPDATE:
Seems like we have this in a "pending resolution" state after talking with the property manager.

The apt complex was already going to NOT renew their lease, which is up at the end of May. Turns out that they go complain to the office about all sorts of stuff not even related to us every month in a thinly veiled attempt to get a free months rent.

The manager apologized to us profusely. She stated that she used to manage another apt complex and Luther lived there before living here and they chose to not renew his lease their either. She says she cannot guarantee he won't do anything violent but she is fairly certain he is all bark and no bite due to prior dealings with them.

She did state that they were already on their list of "do not renew" before we even moved in, so there is very little chance they will place all the blame on not getting renewed on us, which leaves very little chance of them trying to "get back at us." in fact, she said that their harassment of us actually turned out to be good for the apt complex since actual police officers did not witness any loud noise coming from our apartments when they were called, which helps the case for not renewing the lease.

she even stated that if we truly didn't feel safe that she would pay for a moving company to move us to another unit on the other side of the complex. We said we'll stay where we are for now but to keep that offer open until a month after they're gone and she said ok.
 

Turin39789

Lifer
Nov 21, 2000
12,218
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this is why I always suggest renting a house. Sure you have to mow the lawn, but no freaking shared walls.
 

LtPage1

Diamond Member
Jan 15, 2004
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Sounds like you should move if you can. There are worse markets to be looking for a new apartment.
 
Dec 10, 2005
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I hope you have a baseball bat or something to defend your family for when the dumb people really fly off the handle.

I'd continue to bitch to the management office to get off their butts and enforce their lease. Keep calling the cops. If you have to, read through the lease carefully, as you may be able to break it due to management's inability to keep your place livable (ie: smoke, continuous harrassment from unreasonable neighbors...)
 

Joemonkey

Diamond Member
Mar 3, 2001
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Originally posted by: LtPage1
Sounds like you should move if you can. There are worse markets to be looking for a new apartment.

we would move in a HEARBEAT if we could get away w/o "breaking" the lease
 

DrawninwarD

Senior member
Jul 5, 2008
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I'm surprised the cops aren't showing you more sympathy for having those idiots living on the floor below you. Why don't you call in some noise complaints and get the cops to come to your place when you smell the weed? Keep a record of everything and get them kicked out.

Why should YOU have to move?
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
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Originally posted by: Brainonska511
I hope you have a baseball bat or something to defend your family for when the dumb people really fly off the handle.

I'd continue to bitch to the management office to get off their butts and enforce their lease. Keep calling the cops. If you have to, read through the lease carefully, as you may be able to break it due to management's inability to keep your place livable (ie: smoke, continuous harrassment from unreasonable neighbors...)

You hit the nail on the head there. We have blunt instruments and projectile weapons :)

We would just prefer to all live in peace, moving is 2nd on my list of "shittiest things to have to do"
 

FelixDeCat

Lifer
Aug 4, 2000
30,989
2,680
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Originally posted by: Joemonkey
Originally posted by: LtPage1
Sounds like you should move if you can. There are worse markets to be looking for a new apartment.

we would move in a HEARBEAT if we could get away w/o "breaking" the lease

How much time is left on the lease? Id be so gone your head would spin.
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
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Originally posted by: FelixDeKat
Originally posted by: Joemonkey
Originally posted by: LtPage1
Sounds like you should move if you can. There are worse markets to be looking for a new apartment.

we would move in a HEARBEAT if we could get away w/o "breaking" the lease

How much time is left on the lease? Id be so gone your head would spin.

It is a 13mo lease, they give us a ~$150 a month "break" for having the lease, if we break it we have to pay back the "break" they gave us each month :(
 
Dec 10, 2005
28,651
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Originally posted by: Hacp
I have a feeling the whole story isn't being told.

Yeah, the OP is secretly stomping around on the floor when the cops aren't there :roll:
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
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Originally posted by: Hacp
I have a feeling the whole story isn't being told.

please tell me where you think i am being unreasonable. We have a 3yo daughter, it isn't quite like we can blare music/movies/TV like crazy while she is sleeping! We have lived in apts before this one with people both above and below us with the exact same audio gear and NEVER gotten complaints.

Please, PLEASE ask any specific questions and I will reply in kind.
 

Turin39789

Lifer
Nov 21, 2000
12,218
8
81
Originally posted by: Joemonkey
Originally posted by: Hacp
I have a feeling the whole story isn't being told.

please tell me where you think i am being unreasonable. We have a 3yo daughter, it isn't quite like we can blare music/movies/TV like crazy while she is sleeping! We have lived in apts before this one with people both above and below us with the exact same audio gear and NEVER gotten complaints.

Please, PLEASE ask any specific questions and I will reply in kind.

Did you end up at apartments near the mall? Those have always been shady
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
4
0
Originally posted by: Turin39789
Originally posted by: Joemonkey
Originally posted by: Hacp
I have a feeling the whole story isn't being told.

please tell me where you think i am being unreasonable. We have a 3yo daughter, it isn't quite like we can blare music/movies/TV like crazy while she is sleeping! We have lived in apts before this one with people both above and below us with the exact same audio gear and NEVER gotten complaints.

Please, PLEASE ask any specific questions and I will reply in kind.

Did you end up at apartments near the mall? Those have always been shady

DUDE! you are the one that said "if i could choose a place to live in Louisville it would be inside 264, 64, and 71" and YES it used to be Mallgate and got changed over to Creekside at some point. Thanks for pointing me away from a potential "shady apt complex" :p
 

I Saw OJ

Diamond Member
Dec 13, 2004
4,923
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Document each time you have to call the cops, each time there is pot smoke smell, each time you involve the management office, names, everything. Keep on them about the noise and pot smell. They would have to sue you to get their money which at that time you could show the court all the anguish you went through due to their inaction which forced you to move.
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
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Originally posted by: I Saw OJ
Document each time you have to call the cops, each time there is pot smoke smell, each time you involve the management office, names, everything. Keep on them about the noise and pot smell. They would have to sue you to get their money which at that time you could show the court all the anguish you went through due to their inaction which forced you to move.

good point. when the cop showed up tonight and we complained about some things we decided to "let slide" due to apt. life he said "those are the kinds of things you should be calling about and documenting"

seriously though, do we have to be the fucking neighborhood busybody and report on EVERYTHING!? shit i'm sorry but i'm more of a live and let live person... their shit is loud? turn yours up loud enough that you don't hear it.

Hell, we have a VERY loud fan in our daughter's room to drown out things in case Luther (aka 300lb black dude downstairs, we heard 100lb white chick yelling at him about stealing her money the other day so we at least know his name) starts yelling while we're asleep
 

Turin39789

Lifer
Nov 21, 2000
12,218
8
81
Originally posted by: Joemonkey
Originally posted by: Turin39789
Originally posted by: Joemonkey
Originally posted by: Hacp
I have a feeling the whole story isn't being told.

please tell me where you think i am being unreasonable. We have a 3yo daughter, it isn't quite like we can blare music/movies/TV like crazy while she is sleeping! We have lived in apts before this one with people both above and below us with the exact same audio gear and NEVER gotten complaints.

Please, PLEASE ask any specific questions and I will reply in kind.

Did you end up at apartments near the mall? Those have always been shady

DUDE! you are the one that said "if i could choose a place to live in Louisville it would be inside 264, 64, and 71" and YES it used to be Mallgate and got changed over to Creekside at some point. Thanks for pointing me away from a potential "shady apt complex" :p

Yea, thats my very rough area, wife and I are thinking about moving back and she has trouble following me too. Personally I enjoy Old Louisville, but there are some shady characters there, more interesting though and something of an actual community.

I swear I tried to steer you away from Mallgate, but I'm probably just insane. Try to get near Frankfort ave , St Matthews(centered around breckinridge/shelbyville not the malls) Eastern Parkway, pockets near Preston/Poplar Level/Audobon Park, Germantown is fun but lots of shotguns with no yards, or you can go outside 264 to middletown, nice people but suburban white folk livin away from the town. I prefer to be able to walk to a park, bar, and grocery.

I'm too far removed and too overworked to try and think if I know anyone who could help you out. I don't think I do anymore. As someone else just posted, your best bet might be to keep records and try to force the management into doing something by raising a stink, but that just sounds like a pain in the ass.
 

Joemonkey

Diamond Member
Mar 3, 2001
8,859
4
0
we would quite honestly be fine if we could simply GTFO, but we can't afford to pay for any sort of lease breaking clause nor any sort of movers fees, also we don't have a house (rental or buying) in the works
 

JMapleton

Diamond Member
Nov 19, 2008
4,179
2
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Op, I'm not flaming or putting your down. But my honest opinion is that you should rearrange your finances so you can afford a better apartment in a better area to keep away from people like this.
 

Turin39789

Lifer
Nov 21, 2000
12,218
8
81
Originally posted by: Joemonkey
we would quite honestly be fine if we could simply GTFO, but we can't afford to pay for any sort of lease breaking clause nor any sort of movers fees, also we don't have a house (rental or buying) in the works

I fully understand, I'd be stuck too and damned if I'd pay a lease breaking fee. Don't confuse my ramblings for helpful advice.
 

xanis

Lifer
Sep 11, 2005
17,571
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Is there some sort of list with rules and regulations for the building? If so, I would get a copy and take it to your landlord. Explain to him the situation with the people downstairs and see if he takes any action.
 

AreaCode707

Lifer
Sep 21, 2001
18,447
133
106
Sounds like you're good neighbors and they're pretty crappy. I would take a trip to the office every time you have a legit noise complaint and have issues with the drugs thing. You document, ask them to document, and whenever you think you can get the cops out there on the drug stuff while the neighbors are there, call them. If you get a long enough running list of drug issues and are enough of a pest to the office maybe, if nothing else, you could get out of the lease without penalty.
 

Demo24

Diamond Member
Aug 5, 2004
8,356
9
81
I'd go talk to the landlord in person. If their not going to do anything then see if they will let you move within the complex.
 

Turin39789

Lifer
Nov 21, 2000
12,218
8
81
Originally posted by: Xanis
Is there some sort of list with rules and regulations for the building? If so, I would get a copy and take it to your landlord. Explain to him the situation with the people downstairs and see if he takes any action.

meh, complex = corporate landlords = indifferent except to $$$

If neighbor is damaging the property he'd be out. If Joe makes enough stink to tie up the office or can get other neighbors on board they might be able to get them out.
 

Indolent

Platinum Member
Mar 7, 2003
2,128
2
0
I'm not sure I understand the office workers. They both smell pot and can't do anything about it?

What about the people below these people? Do they hear the noise? Get them to call in some complaints also.