Posted by James Shoo on August 12, 2000 at 11:32:56:
In Reply to: Dealing with the Rap music upstairs..HELP!! posted by Allisya on August 10, 2000 at 17:34:40:
I sympathize because I also am trapped with noisy neighbors until May. Unfortunately the noisy people often win. As others have said, talking to the noisy person is one place to start. Unfortunately people who are rude enough to be noisy usually aren't going to change their behavior for someone else, and often get defensive and louder if talked to. Other than that, given that Mr. Rap works for the apartment complex, the matter is totally in the apartment manager's hands. I would have a heart to heart talk with the manager. If the manager takes the maintenance man's side or doesn't want to confront him, then ask to be allowed to move to another apartment in the complex, or to be let out of your lease. Any lease can be broken with the consent of both parties. If the manager refuses to do any of those things, then ask them what other solution they recommend, or escalate to a higher ranking manager in the apartment complex.
Are any other neighbors distubed by the noise? It can be a big help to have two or more people complaining.
Unfortunately a lease is like a ball and chain. As I found out the hard way, anyone who signs a lease has consented to spend a year living next door to whatever trash the landlord rents other apartments to. (I've been "Sleeping above the enemy" for over three months, with almost nine to go.) In most cases the landlord can't do anything to stop the noise other than going to court to get the tenant evicted, which isn't always easy. In your case, since the noisy man works for the complex, they can use other forms of discipline.
If negotiations fail it may be worth it to bring your lease and other materials to an attorney to see if there is a legal way out. In some states there is a rule that landlords must try to rent apartments after tenants move out early, and are not allowed to charge double rent. In those cases the original tenant can only be billed for rent up until the day the new tenant moves in, plus advertising costs, etc.
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