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Evicted because we have a toddler?!!
- Nov 25, 2008 at 11:08 PM
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My husband and I have lived in our apartment for three years now. We have a soon to be three year old daughter. My husband's older daughter also spends time with us, but she doesn't live with us full time. My daughter isn't your typical toddler. She was born at 26 weeks. Although she looks like any other toddler, she does have some special needs. She transitioned to an early childhood special education preschool yesterday where she receives ST, OT, and PT. She has had several eye surgeries and currently wears glasses. She has no peripheral vision, so she tends to run into things. She has low muscle tone, so she just started wearing orthotics on her feet. She has to wear them all day and she has to wear shoes with them. She tends to stomp when she walks due to the low muscle tone. We're hoping the orthotics will eventually put an end to that. While she is an active child, she is by no means wild. She does not run around, climb on the furniture, or jump around. She just walks around, mostly on the carpet, going from one activity to another. She does occasionally cry or get a little loud, but what toddler doesn't?
We have neighbors above and below us. We've never had any problems since moving to this community. We keep to ourselves. We know our upstairs neighbors well enough to exchange pleasantries when we see them. We've had three different downstairs neighbors. A couple moved in at the beginning of the month from another unit in the community. They appear to be in their 40's and childless. They wanted an apartment with a patio rather than a balcony, so they chose the one below us. Apparently, they didn't bother to ask who'd be living above them.
In less than two weeks, we've gotten two complaints about noise. The woman went to the office last week complaining about lots of "running and stomping" from our apartment. I can't tie my daughter to a chair all day! When you live below somebody, you are going to hear that kind of stuff. The stomping is my daughter walking. She can't help it. On Sunday, the woman came to our door and told my husband that we kept her awake until 1:30 am. She told him that it sounded like we were moving furniture. What?!! When he asked exactly what she was hearing, she stormed off saying, "I knew I wouldn't get far talking to you!" We have no idea what she is hearing! Once our daughter is down for the night at 8:30, we either watch TV or play on our computers. I don't do housework and I certainly don't move furniture! My husband gets up at 3:30am for work, so he's not up late. She is crazy! Meanwhile, she blasted her music so loud last weekend that somebody called the police on her. It wasn't us, even though it was tempting. It was ridiculously loud.
We don't know what her motives are. Does she think she can scare us out of here? Does she think we called the police and this is her payback? If we get three complaints, we will be evicted. We have two already and we haven't even done anything! Her claims are totally unsubstantiated. She can make up any lies. Do we have any recourse? We haven't had a single complaint in three years. Our daughter can't help the way she walks. Can they seriously evict us just for having a child? I'm sick to my stomach thinking that this nutjob can make up stories and have us thrown out of our home.
Comments:
Have you talked to them about her speical needs and what not? About what s he does and they need to realize how long ya have lived compared to how long they have lived below you. Also they got the police called on them.
Did my Bitchy downstairs neighbor move under you? I swear she's a nut. Similar shit. She'll go to the office and complain about "stomping" etc. I"m sorry I have a 3 yr old who runs from her bedroom to the living room and yeah you're going to hear noise. What's worse is she'll complain about it at 1 in the afternoon. She tried filing to have me thrown out of the apartments but the manager told her she can't have me evicted for having kids. Your complex will either move the downstairs neighbor to a different unit or tell them there's nothing they can do. In which case youy might want to prepare for a visit from the local security unit/police in which case they'll come by ask about the noise and tell your neighbor to Shove it!
I completely sympathize with you! We lived in an upstairs apartment that consisted of 4 units. The girl downstairs was a college student and we'd just had our son. Kalista was between 16 and 28 months old when we lived there. She was constantly running and jumping and yelling. Not to mention Zaiden crying in the middle of the night right above our neighbors room. I felt soo bad, but I knew there was nothing to be done. For one thing, we moved in first (as did YOU) and for another, there is only so much you can POSSIBLY do when it comes to toddlers and infants. I honestly think she has no case here. My across the hall neighbors (we shared a bathroom wall) used to fight, throwing each other against the wall and slamming doors. I called the landlord twice on them but nothing came out of it. I think that if it did get to the point where they would threaten to kick you out, you would have a very good case! I really think you could get out of it. It sucks that she's such a crab!!! Like the PP said, they might ask her to move, especially if you've been there longer. Good luck hon! I'll be hoping for the best!
well for one in most states if you have a child and are evictied on top of the thirty days you have to vacate you get in extra thirty per child I am sure since your child is special needs you could even get more time, best part if they evicte you but you get those extra days sometimes you dont have to pay, take that apartment company lol
I would say that you should go to an attorney and see what they have to say about it. At the very least I would say that the apartment complex needs to be able to offer a down stairs unit for you.
I would ask to be moved to a diff apt,
seems to me the ladyy is whacked and i wouldn't want to live by her at all,
I know that people upstairs do make noise. i live under someone else, ....they sound like elephants stomping around but i still don't complain, i see no need too...and im actually used to it now...i come from a big family ...so its like ....having my brothers and sisters upstairs hopping around,
even when it gets to the point i want to ring their doorbell and tell them to chill i understand she has like a 10 year old, ya know?
ladie is nuts she needs to be evicted herself...complain that she is harassing you!
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I am not sure if they can...but I would think that would be a big NO WAY! and I would think that they would not like to touch that one with a ten foot pole because that seems to me like that would be some type of discrimination. It makes me sick too. Your noise might have bothered me too, even though I have a child around that age that is probably louder but at the worse I would talk to you about it if I was silly enough to take an apartment that I wanted to be peaceful and not ask about my neighbors.
I was refused a place before I got this dump because of my son...He was acting up that day and hit me in the head with a rock from the driveway and the guys face was like....."OH HECK NO!" oh well his loss he still hasn't rented it :D
God bless and you are in my prayers
Sheri
- Mommyx2....
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