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Neighbors :-! sort of long

Posted by on Jun. 9, 2013 at 2:42 AM
  • 12 Replies
So this I need help with & a vent at the same time. So we moved into this place after being homeless for 5 months. Longer story yet, but anyways we moved in here 3 months ago & a new family just moved in a month ago. Couple weeks ago we had to call the landlord because all they do is make tons of racket(they live upstairs, & let me tell ya, these ceilings and walls suck!) And they told the landlord that WE were the ones making the racket. So the landlord tells us to keep it down. Ya whatever, says the landlord that dont want to fix anything! Anyways lllaaate last night my 3 wk old daughter got startled by them slamming the door and yelling at his g/f started. So tonight someone was just pounding on the door for 5 min, finally hubby went outside to kindly tell them to keep it down. One guy said ok sorry but the guy that lives upstairs said that we make noise all hrs of the night. Well the pounding kept on & hubby called an officer to come up & ask them to keep it down. Well officer came but they didnt answer. We dont know what to do. We are looking for other places now. I just dont want any trouble from anyone. I hate confrontation. I like to avoid it if possible. Hubby is opposite, he says what he means, & means what he says. & the landlord dont do nothing! Which is why were lookin for a place too. so thats the vent but would like to know what u would do in this situation?
by on Jun. 9, 2013 at 2:42 AM
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Replies (1-10):
offrdngal
by Gold Member on Jun. 9, 2013 at 9:10 AM

 I found this...hope it helps:

How Can I Legally Break My Lease Agreement?

 
Break your lease by reading your state code.

If you find yourself in a lease that you no longer want to honor, there may be steps you can take to legally break the agreement. Most states spell out the steps required to break a lease agreement, and it is especially easy to do if there are issues with the property you are occupying. By simply notifying the landlord of the health or safety issues with the property and giving adequate time to correct the problem, you may be able to get out of your lease with few legal ramifications.

 

Instructions

    • 1

      Review your lease. In most leases, there is a provision regarding breaking the lease. It may require that you pay a fee or meet certain requirements, but this is the first place to look for guidance on legally breaking your agreement.

    • 2

      Look at the laws in your state regarding tenants and landlords. Even if your lease does not spell out the criteria to legally break your lease, your state law will have specific conditions that may provide the grounds you are looking for. These typically include circumstances that affect the health or safety of a tenant. It will also specify the manner in which you must notify your landlord and the time frame the landlord has to correct the issue.

    • 3

      Send a letter by certified mail to the landlord notifying him of the problem and requesting that he fix it immediately. In the letter, you should also note that if the problem is not corrected, you will seek to break the lease under the applicable provision of your state's code.

    • 4

      Notify the landlord a second time of your complaint and your intent to terminate the lease if the problem is not corrected. The second notice also needs to be by certified mail.

    • 5

      Wait the required time under your state code. Once the appropriate time has passed and the issue has not been corrected, you may legally break your lease. You may also seek the advice of an attorney for clarification on the laws in your state.

CampClan
by on Jun. 9, 2013 at 10:04 AM
I agree with PP- I worked in property management for 3 years & had noise complaints all the time. Although in your case it's hard to remain anon with the complaints. There is usually a noise violation clause (excessive noise) stating to basically keep it down.

In my experience- when a resident gives notice to leave (make sure when you do it's certified & also in agreement with the lease i.e. if your lease says 30 days you give 30 days) the landlord will charge the tenant rent through the end of the lease plus a lease break fee. HOWEVER in some states a landlord can not charge double rent. Which means if he does charge you to the end of your lease (say end of August) & you move out the end of June & someone moves in mid July he can not charge you for a full month of rent in July. He would either have to prorate a refund from the day the new tenant moved in to the end of July & all of August (had you already paid) or just charge from July 1st to the day new tenant moving in.
conniejo75
by Bronze Member on Jun. 9, 2013 at 10:21 AM
This
My lease has a break lease clause that I would be responsible for 60 days and a break lease fee... unless lease would have been over at end of 60 days notice anyway. And if apt rented again before 60 days, I would not have to pay those


Quoting CampClan:

I agree with PP- I worked in property management for 3 years & had noise complaints all the time. Although in your case it's hard to remain anon with the complaints. There is usually a noise violation clause (excessive noise) stating to basically keep it down.



In my experience- when a resident gives notice to leave (make sure when you do it's certified & also in agreement with the lease i.e. if your lease says 30 days you give 30 days) the landlord will charge the tenant rent through the end of the lease plus a lease break fee. HOWEVER in some states a landlord can not charge double rent. Which means if he does charge you to the end of your lease (say end of August) & you move out the end of June & someone moves in mid July he can not charge you for a full month of rent in July. He would either have to prorate a refund from the day the new tenant moved in to the end of July & all of August (had you already paid) or just charge from July 1st to the day new tenant moving in.

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kristine8333
by on Jun. 9, 2013 at 11:43 AM
Thing is, there is no lease. We're rentiing month to month, which is a good thing, i guess, but we actually want to leave in good standards. We havent found a place yet because around here the renting price is outragous!! Were paying 800 a month for this place. And we have a big family, so kind of in a rut.
HeyEinstein
by on Jun. 9, 2013 at 2:02 PM
1 mom liked this
Keep looking and for now just ignore the neighbors. The more you complain the more noise they will probably make.

Good luck!


Quoting kristine8333:

Thing is, there is no lease. We're rentiing month to month, which is a good thing, i guess, but we actually want to leave in good standards. We havent found a place yet because around here the renting price is outragous!! Were paying 800 a month for this place. And we have a big family, so kind of in a rut.

kristine8333
by on Jun. 9, 2013 at 2:10 PM
1 mom liked this
Thank you will try. I have no problem ignoring them, its my hubby who may have a hard time doing it lol. Its just weve been through so much the end of last year & this year, all while being pregnant with 3 children, so its hard for hubby to give into people like this. well definently try. Thanks.

Quoting HeyEinstein:

Keep looking and for now just ignore the neighbors. The more you complain the more noise they will probably make.



Good luck!




Quoting kristine8333:

Thing is, there is no lease. We're rentiing month to month, which is a good thing, i guess, but we actually want to leave in good standards. We havent found a place yet because around here the renting price is outragous!! Were paying 800 a month for this place. And we have a big family, so kind of in a rut.

elkmomma
by on Jun. 9, 2013 at 2:18 PM

Find out what the noise ordinances are for your area.  Here we have decibellevels for during the day and a 10 pm noise curfew in our city.  If your rental agreement has time frame for noise (most do), simply call the cops every time they go past that time.  If you call cops over noise, don't tell them it's about noise, rather report it as domestic violence.  If they make your life hell, just repay back in kind.

littlepinkrose
by on Jun. 9, 2013 at 11:25 PM

This sucks!  I feel for you my hubby is also very in your face tell it like it is guy.  There was a neighbor of ours who came into our place and started yelling about something my husband had already apologized for.  They really got into it and the guy had to go to the hospital (my husband stabbed him) and the guys friend stabbed my hubby although my husband is o.k. no stitches.  We were told that the other man would be arrested because he came into our house uninvited and started a fight but he has not been arrested yet but he is getting kicked out and has a three day notice!  So, you see my situation I do not want that to be you.  Thank God it is not us getting kicked out!  Hang in there and hope you find a new place soon good luck!  Trouble can only bred trouble and you do not want them knocking on your door about some crap and your husband snapping at them.

kristine8333
by on Jun. 10, 2013 at 2:01 AM

   Yeah, I know, I  glad you guys aren't the ones getting evicted either cause that wouldn't be right knowing that it wasn't your guy's fault for the mess.  I don't think our situation will get that bad, but it's scary to think about it!  We were evicted in Oct. 2012( I was 6 weeks pregnant and had 3 children at the time, now have 4) because we were going to court with our landlord because they weren't fixing anything and we had a bad mold problem, so we took them to court and they turned around and told the courts we lied to them, blah blah, well the courts gave them what they wanted and we evicted, and only given 24 hrs notice!  And for living there a long time, we had alot of stuff, and I was so thankful we had a friend helping us!  But anyways, we were evicted for 5 months, and finally got into this place.  It's a home, I know, and I'm not complaining but this landlord is a slum landlord and my hubby has been fixing things, when he shouldn't be. 

  This family is just really annoying, we just found a beer bottle in OUR garbage outside and we don't drink, how annoying!  And the first time we complained, after the landlord told US to keep it down too, the neighbor lady started knocking on my door, and just knocked for 5 min straight!  I didn't answer cause you never know what she planned on saying or doing, and I got 3 children and a newborn and Im not about to put them in jeopardy!  My kids are scared too, so were trying really hard to get another place!  honestly think these people are harmless(they will talk the talk), I don't think they would stoop to violence. They are just really annoying.

Quoting littlepinkrose:

This sucks!  I feel for you my hubby is also very in your face tell it like it is guy.  There was a neighbor of ours who came into our place and started yelling about something my husband had already apologized for.  They really got into it and the guy had to go to the hospital (my husband stabbed him) and the guys friend stabbed my hubby although my husband is o.k. no stitches.  We were told that the other man would be arrested because he came into our house uninvited and started a fight but he has not been arrested yet but he is getting kicked out and has a three day notice!  So, you see my situation I do not want that to be you.  Thank God it is not us getting kicked out!  Hang in there and hope you find a new place soon good luck!  Trouble can only bred trouble and you do not want them knocking on your door about some crap and your husband snapping at them.

  

littlepinkrose
by on Jun. 10, 2013 at 9:34 PM


You have been  through the ringer for sure.  Getting and keeping a place can be such a pain.  Sucks when you have issues and the Landlords do not do there job.  And then you pay for it in the long run fantastic!  Glad you had the friend to help too being pregnant and with 3 kids in tow having no place to go is scary.  Hope you can get  things resolved where you live.

Quoting kristine8333:

   Yeah, I know, I  glad you guys aren't the ones getting evicted either cause that wouldn't be right knowing that it wasn't your guy's fault for the mess.  I don't think our situation will get that bad, but it's scary to think about it!  We were evicted in Oct. 2012( I was 6 weeks pregnant and had 3 children at the time, now have 4) because we were going to court with our landlord because they weren't fixing anything and we had a bad mold problem, so we took them to court and they turned around and told the courts we lied to them, blah blah, well the courts gave them what they wanted and we evicted, and only given 24 hrs notice!  And for living there a long time, we had alot of stuff, and I was so thankful we had a friend helping us!  But anyways, we were evicted for 5 months, and finally got into this place.  It's a home, I know, and I'm not complaining but this landlord is a slum landlord and my hubby has been fixing things, when he shouldn't be. 

  This family is just really annoying, we just found a beer bottle in OUR garbage outside and we don't drink, how annoying!  And the first time we complained, after the landlord told US to keep it down too, the neighbor lady started knocking on my door, and just knocked for 5 min straight!  I didn't answer cause you never know what she planned on saying or doing, and I got 3 children and a newborn and Im not about to put them in jeopardy!  My kids are scared too, so were trying really hard to get another place!  honestly think these people are harmless(they will talk the talk), I don't think they would stoop to violence. They are just really annoying.

Quoting littlepinkrose:

This sucks!  I feel for you my hubby is also very in your face tell it like it is guy.  There was a neighbor of ours who came into our place and started yelling about something my husband had already apologized for.  They really got into it and the guy had to go to the hospital (my husband stabbed him) and the guys friend stabbed my hubby although my husband is o.k. no stitches.  We were told that the other man would be arrested because he came into our house uninvited and started a fight but he has not been arrested yet but he is getting kicked out and has a three day notice!  So, you see my situation I do not want that to be you.  Thank God it is not us getting kicked out!  Hang in there and hope you find a new place soon good luck!  Trouble can only bred trouble and you do not want them knocking on your door about some crap and your husband snapping at them.

  



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