Community Chat

[bikerbabe]

So many assumptions being made here. I get the impression from what you have posted that the manager has spoken to her, to no avail. And eviction does not happen overnight and has to be handled just so to be legal. It sounds like this is something that comes from corporate with your complex. I HAVE evicted for reasons other than lack of payment. In my case it was a mentally ill tenant and her family who had very very loud arguments. We ended up doing a 60 day no fault notice because it is not contestable and no reason has to be given. This is in California. I would advise you to call the police so that there is a record of the noise problem and will help document the case. It would also give the police and opportunity to see her and possibly get an impression whether or not she needs psychiatric help.

[PIT-HAG Melissa]

Call the police for WHAT?

In most states the (noise) time ordinance is 5 pm for condos/apts..

If she stopped by then she is NOT doing anything illegal!

I also thought I read she was being served a notice..?

ETA- looked this up... HTH...

Almost every city has noise laws that prohibit excessive and unreasonable noise (including sustained noise over a certain decibel level) and designate certain “quiet” times (such as between 10 p.m. and 7 a.m. on weekdays). If other tenants continue their noisy ways, get a copy of your city’s noise ordinance from your local law library, your city manager or mayor, an attorney, or online at the Official State, County, & City Government Website Locator or the Noise Pollution Clearinghouse. (This Clearinghouse is a great resource for all things noise-related with links to products such as industrial strength earplugs, sound-proofing ideas, organizations that focus on specific types of noise, such as leaf blowers jet skis, or aviation noise, and more.)

Once you have a copy of your local noise rules, read them over thoroughly to determine if your noisy neighbors are violating the law, for example, by having a dog that barks 24-7. Keep in mind that most city laws mandate that the noise must be unreasonable and excessive before it becomes a violation. For instance, hammering nails into a wall during daytime hours may not violate a noise ordinance even if it’s loud and lasts for hours. Yet, behavior that continues at night when most people are sleeping may be violation of your city’s noise ordinance.

Provide your landlord with a copy of the local noise ordinance and ask them to make sure that noisy tenants comply with the law.

[Montana]

Ford, I think you need someone to advocate for you. Is there a Senior Services department in your jurisdiction? I like the phrase you used - "safe haven for seniors" and you should stress this point to anyone you communicate with.

[TomatoSoup]

Ford, I've been following this thread and feel bad for you. DH and I rented a condo for six months while our home was being built. You're right...the noise from common wall neighbors can be way beyond annoying...I do hope you call the police. It will provide you and management with documentation for eviction proceedings...if they choose to do it...and unfortunately most companies don't want to get involved in this procedure. If you do call and they come out, ask for a report number...or incident number...and keep track of these reports. I know how costly a move can be, but it sounds like a good idea for both you and your DD to live together...good luck...and be healthy!

[Madisson]

On 1/7/2015 PawsFurLove said:

Call the police for WHAT?

In most states the (noise) time ordinance is 5 pm for condos/apts..

If she stopped by then she is NOT doing anything illegal!

I also thought I read she was being served a notice..?

ETA- looked this up... HTH...

Almost every city has noise laws that prohibit excessive and unreasonable noise (including sustained noise over a certain decibel level) and designate certain “quiet” times (such as between 10 p.m. and 7 a.m. on weekdays). If other tenants continue their noisy ways, get a copy of your city’s noise ordinance from your local law library, your city manager or mayor, an attorney, or online at the Official State, County, & City Government Website Locator or the Noise Pollution Clearinghouse. (This Clearinghouse is a great resource for all things noise-related with links to products such as industrial strength earplugs, sound-proofing ideas, organizations that focus on specific types of noise, such as leaf blowers jet skis, or aviation noise, and more.)

Once you have a copy of your local noise rules, read them over thoroughly to determine if your noisy neighbors are violating the law, for example, by having a dog that barks 24-7. Keep in mind that most city laws mandate that the noise must be unreasonable and excessive before it becomes a violation. For instance, hammering nails into a wall during daytime hours may not violate a noise ordinance even if it’s loud and lasts for hours. Yet, behavior that continues at night when most people are sleeping may be violation of your city’s noise ordinance.

Provide your landlord with a copy of the local noise ordinance and ask them to make sure that noisy tenants comply with the law.

Nonsense. What is the difference between a dog barking 24/7 and someone hammering constantly? Nothing. The police need to go into that apartment to check on this woman (as well as the apartment). She might be a psych patient not on her medications, or she might really be ripping up the apartment.

Ford could tell the police that not only is the banging and hammering annoying, but that her apartment vibrates from all this banging. She could say that she is concerned about the well-being of this large, intimidating woman who walks around all the time wearing a toolbelt with tools hanging from it. She should tell the police that this has been going on a couple months and explain that the manager's approach has not helped. This woman sounds like she is off her rocker (or at least off her meds). The police can call it a welfare check. This is well beyond the noise ordinance laws.

[Deb1010again]

((Ford)), best of luck. Stay safe.

[Ms X]

Ford: It sounds to me like the corporate owners might have their legal department handling this and that they are going through the steps required to evict this tenant. It could very well be that they must give her a warning and give her a chance to comply. Then, if she doesn't, they'll start the next thing they must do according to the laws. If they do go to court to evict her, they can't say they just decided she has to leave. The judge will require proof that they followed the law.

It does sound as if she has psychiatric problems. Maybe she has a fixation on carpentry, considering that she wears a carpenter's belt and bangs on the walls. You could call the non-emergency number of the police, but they probably can't do anything unless she becomes a danger.

You might just have to sit tight as long as she's not being a danger to you and wait for the process to play out. Have you asked to relocate to another area of the building? If you like your apartment (except for her), in the long term it might be best to hang on until they can get this resolved. One good thing is that this corporate owner has the resources and expertise to resolve this over time. It's not the burden it would be for a single person who owns, say, a triple decker only.

Try to take your mind off of it and enjoy the day.

[CouponQueen]

Ford do you have a cell phone that you can record the noise with?? I would do that..so that you can show how it is throughout the day!

[CouponQueen]

On 1/6/2015 Plaid Pants said:

On 1/6/2015 Cattitude said:

I recently called 9-1-1 about a noise disturbance and the 9-11 operator told me that certain construction related noises must be tolerated during daytime hours as long as they don't exceed a certain decimal level.

edited to add: the reason I called 9-1-1 and not the non-emergency number was because one of the neighbors thought it was us making the noise and he started banging on my door, cursing and threatening to kick my DH's butt!

Noise above a certain decimal level? What's the decimal level? 3.14159?

Does Dewey Decimal have a say in this?

I know that noise is rated by decibels, but I didn't know that it could be rated by decimals, too!

Many police municipalities have a meter that will tell the nosie level and if it is in violation fo the noise ordinances.

Ford as for the town those apt's are in...I would investigate myself how true that is..and what is the crime etc..as I am not sure I would go on rumor..as not many are going to build brand new apt's in a crime infested area.

[bikerbabe]

The only thing that puzzles me and the way the manager has handled it is that apparently she said she has not gone into the woman's apartment to see what she is doing. That would be my first step after having a conversation with her and the hammering noise continuing. From what Ford says i'm not sure the manager knows what the woman is doing. That would provide many answers.