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This guy obviously knows what he's doing if he knows to turn stuff down when the cops pull up. I would demand to be released from your lease and threaten to move, just like you plan to. They'll see when someone else moves into your apartment and starts complaining about the same things.
Another thing you might want to look into is see if they will let you switch apartments. We had issues with a neighbor and our apartments switched our apartements AND paid for all of our moving costs :) (btw they were not much because we moved basicly next door)
@MsPanda: If we get out of the lease, I would rather just move altogether because I have a bit of a commute to work right now. May as well have something good come of the situation, right? :)
OMG how long as he lived there? I think my former neighbor is your neighbor!
Call the porerty management company or the complex's owner (meaning, the management's boss) and complain to them. EVERY. SINGLE. TIME. If you can record the noise, do so. Video does stand up as evidence. Don't let them come up with excuses for his behavior. They have devices for people who are hard of hearing. One is called closed captioning. He does not have the right to disturb your peace.
When my neighbor was causing me to lose sleep and have absolutely no peace, I called the complex owner and said I refused to pay my rent because they were failing to keep up their end of the lease agreement. I did not agree to being harassed at all hours of the night. I did not agree to needing sleeping pills for myself and my children. I did not agree to any of it. And if he (owner) couldn't make the managers he hired actually do their jobs, then I'd contact my attorney. After submitting copies of ALL my police reports, and I kept copies of EVERY comunication with the manager, including times and dates of my calls, the owner did something. I did not have to move, the neighbor was told to keep it down, or be evicted. The neighbor didn't keep it down, and I called the police, and that one more police report was the straw that broke the camel's back. It was a long and annoying process, but I like my apartment and don't ever bother anybody. I expect the same in return.
We had to move! We had a guy above us who would talk loudly on the phone all night. I would call the cops on the guy, (sorry, have you done that?) We did that and it did not help.
The apartment has to provide you with a "reasonably quiet" apartment, but they told us that beyond talking to our "Bob," there was nothing they could do. Bob just ignored them.
It was HORRIBLE! I had to wait until my lease was up. You can find someone to sublet, but that can be a hassle. It might be worth it though!
I finally sent DH up one night to our "Bob's" place and they wouldn't even open the door!
I would say yes complain to managements boss AND keep calling the police. in my experience the police will get pissed that they keep HAVING to come out and will do SOMETHING just to stop the complaining. plus, now you have evidence. A RECORD of complaint from how many you complained to police. An official record to present when trying to get out of your lease...I am not a legal anything this is just what I would do.
Does he have a hearing problem? He might not know how much he is upsetting you. For the tv, Buy him one of those wireless speakers that he can put right next to his ear. We did that for my dad and it's been great! Good luck..
Nothing legal except sueing Bob. Write down EVERY time he disturbs you in a journal.
Housing/nuisance issues generally vary by state, but if your neighbor is also a tenant of your landlord, then your landlord (generally) has the responsibility of keeping his/her/its tenants from becoming a nuisance to other tenants. If your landlord won't do anything, you may have a cause of action for constructive eviction... which means you can be released from your lease without a penalty. It won't force them to evict your neighbor, though. How badly do you want to escape the noise? If you want to move, you will probably be able to find a way to do it, but you'll need to look up the best practices/procedures in your state (e.g., whether you have to move out FIRST to say the place was uninhabitable because of the noise, etc.).
@Tracyg123: Why should she have to buy him something so he'll shut up and let her live in peace?
First of all, there's no way in hell I'm buying something for this dude. He's not some older gentleman with a hearing problem; he's a slug in his thirties who never leaves his apartment and watches TV all day and all night.
Honestly, I don't even believe that he's hard of hearing. He has an attitude every time we talk to him and apologizes with a sarcastic tone. He is very aware of what he is doing.
We have complained every single time; we have even documented it in a Word document, printed it out, and showed it to the police and our landlord.
My question was basically whether I have legal grounds to request break my lease without penalty if my apartment complex continues to do nothing. There is really nothing else I can do on my end to make the deal better, and my apartment complex is too worried about lawsuits from this guy because apparently he threatened them with that when they told him he may be facing eviction.
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I posted a while back about the awful neighbor (let's call him Bob) that DH and I have.
DH has talked many times with Bob about the fact that his loud talking on the phone, blaring the TV, and blaring his bass all the time is completely unacceptable. He always says he's sorry and then turns it down, only to crank it back up just a little while later.
We have also complained to the office at our apartment complex, which claimed they have spoken with him. The people in the office keep telling us they know the guy is crazy and they're trying to get rid of him, but last time one of the ladies told us they are worried he will try to say they are discriminating against him because of the fact that he is black and also because has a hearing disability that requires him to turn the TV up extremely loud in order to hear it. To me, that is the most absurd thing I have ever heard.
We are the only ones who complain about him because his apartment is on the end and we are his only immediate neighbors. We literally cannot sleep at night because of the noise.
The office told us they can't do anything else and we need to call the police. We did so twice, but both times Bob saw them pull up and turned everything off. The police talked to him each time, but they haven't caught him in the act and therefore have been unable to write him a ticket.
What irks me is that the people in the office KNOW he is a dumbass and I feel like they just don't want to confront the issue. They told us they have had other problems with him and would like to evict him, but they keep giving him chances!
DH says if they don't do anything by Friday, he is going to demand that we be able to get out of our lease and move if they don't take action. Is this legally something we could pull off if they don't do anything? We like where we live and don't want to leave, but our sleeping patterns are erratic and we're frustrated living here. We have been awesome, clean tenants, and it upsets me that our landlords won't stick up for us in this situation.