Law-Forums.org

[fitche]

I live in an apartment complex on the ground floor. The tenants directly above me play their stereo at an incredibly loud level at times--so loud that the widows literally vibrate; so loud I've been in the shower under the water and could still hear it.

I first attempted to ask directly for them to lower the volume. No one would answer the door. A couple of days later I did the same thing and one of them answered and did lower it for the rest of the morning, but by evening they were back to doing it again.

I filed a formal complaint with the property manager who assured me, after her warnings to them were also ignored, that eviction proceedings had been initiated against them.

Long story short: a couple of months later, the property manager tells me they're not being evicted due to an "unfavorable" ruling by (what I assume is) a county court judge and she can tell me no further details.

(I tend to wonder if the property manager or the management company made some kind of technical misstep in this or if the tenants counter-sued and they settled--this would be one explanation why the property manager can't discuss the situation any further with me)

She simply offered to transfer me to another apartment or release me to move to another property if I wish.

So my questions are these:

in light of this situation, do I personally have the option of pursuing a legal action against the neighbors for creating an essentially unlivable environment?

would the action just be to sue them to leave the property and reimburse legal expenses, or to seek punitive monetary compensation plus reimbursement of legal fees?

would I look for a civil attorney or a personal injury lawyer?

having never used an attorney other than for a divorce, what is the best way to locate the appropriate legal advice and/or attorney?

Thought someone out there might either have some general legal knowledge or have been through this type of situation before.

Thanks in advance for any advice.

[jarel]

The eviction probably failed because it's not illegal to play music during daytime hours. On;y if it persists after legal limits does it become an issue.

No legal process will force them to move. You simply do not have that right. All you could possibly do is vacate your lease, something you already have from the landlord.

[jan46]

You should take the offer to get out of the lease and move elsewhere, or move to another apartment in the same comples. WHY go to court when you have been offered a solution.

[winfrid12]

tell them to shut up or else you'll call the cops. :D

[oakley]

Not much of a case to sue for. It's going to be a big waste of your time and money to go to court for the next 6 or 12 months, and there is no warranty you can win anything.

Beside since the administrator is willing to help you out there are no damages worth suing for.

Take the administrator's offer (not every person get that opportunity so you are really lucky)

[caomh]

There is a few steps you could take. I am by no means a professional in these matters but due to a lot of reading of many different sources this is what I think you could, or should do in this exact order.

Speak with the tenants one more time in person, in a calm, cool and collective manner. Except, try to have someone 18yrs + with you when you do so. This person will act as your witness persay. In no way, do not threat with "if you don't stop I will call the cops."

Next if that does not work, then call the cops for noise pollution. Tell cop dispatch they are being distrubtive and it sounds like a large party up there. This step is vital, you must do this step every day there is a disturbance for no less then 1 week.

What you doing is covering your *** and creating a paper trail of sorts. If this continues for 2 weeks. Do & state exactly this to your property manager / property owner. If the disturbances comeing from the upstairs tenant does not stop, you are going to exercise your right of "constructive eviction" under the Uniform Residental Landlord & Tenant Act of 1973. Under constructive eviction the landlord has 10 days to fix any issues that would restrict the use of the property your renting. Wheather it be contruction itself due to ac, or disturbances of anykind that cause your rental to be a unpleasant place.

By doing so one of two things will be the outcome. 1 The disturbing tenants will be spoken to and the disturbance will stop. 2 Your 10 days will be up and you could move out, with out being forced to possibly pay a early termination fee on a lease contract. Speak with a lawyer to find out the rules & laws in your area just to be sure though :)