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Can we get evicted!?

Long story short- we moved into a duplex in October. One of my 18 month old twins has had a hard time adjusting and often has a crying spell in the middle of the night. The very first week we were here, the neighbors beat on the wall and called the landlord on us. (they have no kids, ones a teacher the other is a youth pastor)
Well the landlord told us there was a noise clause in our lease which of course... I thought meant no loud music, parties- etc. Certainly did I not think it included a CRYING BABY!
Several times since then, the neighbors beat on the wall when he has a crying spell. The thing is, its not even that loud. If they can hear him (which clearly they can) it's not very loud because its through 3 wooden doors, and several walls. They BEAT on the wall and it sends chills down my spine- I'm SO afraid they are going to get us evicted.


Asked by MamaCarterof5 at 1:02 AM on Dec. 12, 2008 in General Parenting

Level 7 (177 Credits)
This question is closed.
Answers (19)
  • They are just young adults with no kids- so they have NO CLUE about life with kids!--

    and the answer is NO- you can't get evicted!-- That would be nuts!--- perhaps the landlord needs to talk to them about their loud playing guitar- and the banging on walls! lol...

    They are just trying to get under your skin- those jealous immature neighbors- just wait their day will come-- let their baby bring on the noise then! lol...

    Hugs and try to not let them stress you out!-- You are a very wonderful mom and person!--

    Best advice I can give- is - try to move the baby to another part of the room when he is having his screaming spells-- add rugs to the room for room barriers-- or shelves to help block out noise... HUGS!..

    Answer by Happy-Duckof6 at 2:07 AM on Dec. 12, 2008

  • Can they evict us for a crying baby? Its not like I leave him there crying, I do try and console him- sometimes he just has fits. I am so afraid we are going to get evicted, that it makes ME start crying while trying to get him to stop crying because the neighbors beating on the wall have me so worried.

    Answer by MamaCarterof5 at 1:03 AM on Dec. 12, 2008

  • Have you gone over and talked with your neighbors? Kill them with kindness if you have too. You can also file a complaint against them for "banging" on the walls....that should be a "noise" issue also. I have never heard of someone being evicted due to a crying baby. You have no control over the issue and you are doing all you can. I would check into your state laws and what landlords can and can't do and what constitutes violating the "noise clause." I would think if he tried to evict you and it went to court a judge would laugh him out of the court room. What a jerk! Both your landlord and neighbor. I can't believe your neighbor is a youth pastor of all things! He works with kids!!


    Answer by Southerncharmes at 1:07 AM on Dec. 12, 2008

  • Consult with your landlord and ask for a sitdown with your neighbors. I have a 22 month old and I worry that he disturbs ours' when he's throwing a fit. I don't think that you can get evicted for your child crying. And maybe it isn't the new place at all. Maybe there is another reason for your kiddo's fit. Talk to your pedi-

    Answer by CM2TX08 at 1:08 AM on Dec. 12, 2008

  • wow and they are involved with children professionally?!! What a bunch of jerks and how creepy they pound on the walls and that you are pretty far away from the ajoined wall. Id have half a mind to go pound on their door and say it doesnt help the issue. You may give a lawyer a call and tell them the issue and your fear of being convicted. If you get evicted due to a crying baby (noise obstruction) then anyone with a child in a apartment type living could get kicked out for their crying child and that just doesnt seem right

    Answer by ReneeLRS at 1:10 AM on Dec. 12, 2008

  • Thanks, yeah I talk to my pediatrician already and we've ruled out anything medical.

    Renee- yep. One works with middle schoolers at church and sits at home all day and plays his guitar, the other works with? 1st graders I think, I forget... but they are young adults themselves. They dont have any kids of their own, though.


    Answer by MamaCarterof5 at 1:13 AM on Dec. 12, 2008

  • They can't evict u for that!!!! And if they can that's freakin insane!!!babys cry. Its what they do! What can u do about it! U are doing what u can! I'm so sorry you are going through this! Ugh I hate people like that! What a-holes

    Answer by hotmama83227 at 1:20 AM on Dec. 12, 2008

  • Not likely that you can or will be evicted. You do need to speak with the landlord.

    Answer by gdiamante at 1:32 AM on Dec. 12, 2008

  • That's just horrible. Do they really think you don't have enough problems with a crying baby then they have to beat on the walls? And they work with children?? I would try talking to the landlord and explain the situation and let him know what they are doing too. You could also try going over and talking to them and see what happens. It doesn't seem like you should be able to be evicted for that. Good luck!

    Answer by mom2XandZ at 1:55 AM on Dec. 12, 2008

  • Maybe you can do what I have done when they pound on the wall. Leave the child (especially if there is another adult to watch that child) go knock on the door. Politely ask if you may enter to hear how load it is on their side. Sometimes you wind up calling their bluff. I would also read the lease, does the noise clause state a time frame? Like 9am to 9pm? Might be something to look into. I don't know what they make for sound proofing , but if you don't have much furniture or carpet that might be something to consider least for the "crying" room. Good Luck and try to be calm if the baby is crying and I'd say something about them banging, that's not right either.

    Answer by babygoose78 at 2:06 AM on Dec. 12, 2008