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I am a loud tenant

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I am a loud tenant

Postby nanuska » Thu Mar 29, 2007 10:39 pm

hi, I have a question .
"John and Jane " Doe" are complaining how noisy I am. ( loud walking, loud vakuming...)I have 80% of apt. covered with carpet and I am never in the apt. We ( husbnad and I) are working 90 hours per week. i am medical intern so I am only in the evening in the apt. I already got a notice to cure two times and today I got the same thing but if I do not "improve" I have to remove my self and things from the apt. by April 7. All those acusations are falls, I do not even know my neigbours. The security made a inspection once, eventhough I asked for the official report he never gave it to me.
Once I found security guard in front of my door ( we were not in the apt), he came to warn me about noise?!!
I called the landlord (the number given to me ) and his representative told me I have to put carpet and when I asked them to who I can talked to regarding false acusations they didn't replay to me.
BTW buildings have roaches, mice and a lot of noice.
I pay rent regulary. I am new to this area and to this John and Jane Doe acusation.

Who can protect me from the discriminating neigbours? I do not have a time to research b/o I am working 12-14 hours every day and my husband too. I can not believe that somebody can make false statment and those statments are never checked and landloard acts upon them without questioning??? Is this possible???
What to do? I do not want to move b/o I didn't do anything wrong.
I live in Far Rockaway.

thank you

P.S.
My english is not the best ( second language)
RNR
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Loud Tenant

Postby Emeraldstar » Fri Mar 30, 2007 10:59 pm

Hi All
Send a letter to LL return reciept requested. In unemotional terms explain that the accusers are making false statements.
I am not saying you are making noise but I'll give you an idea of what some tenants complain about. Generally after 11pm most people expect some minimal noise. What may not be considered minimal by some is if you are creating banging noise by rough use of cabinet/closet doors. Clunking/bangs of objects on counter tops/bathtub. Heavy walking thru apt. for hours,some people with carpet just don't realize that they may be heard at 1am (hypothetical) Of course if the volume of tv/music can be heard in anothers apt. it's too loud. Conversations that can be heard in another apt. And of course some peole are just overly sensitive and no matter what steps are taken they are on high alert and will complain. Judge your own actions and make changes if needed, otherwise, just notify LL and request the tenants cease. Good Luck
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Postby OutOfPatience » Sat Mar 31, 2007 10:30 am

Have these noise complaints ever been verified by anyone else, or is the LL just taking these other tenants at their word?

In my situation, I didn't need independent verification because the miscreant readily admitted (repeatedly) that her TV was on -- but insisted that it wasn't "that loud." I suppose that my being able to tell what channels and shows/movies she watches helped my case.

I know someone who had a similar situation to yours, in that he was the subject of noise complaints that allegedly happened while he was out of town on business and his apartment unoccupied. What he wound up doing was getting a letter from his employer confirming his travel dates, as well as copies of plane tickets from some of those dates.

On the other hand, you could be making more noise than you realize. And what sounds like minimal noise to you could be bugging the you-know-what out of your neighbors. Still, I find it odd that they didn't try to get a building employee to either listen outside your apartment or come up to theirs to verify the existence (and severity) of the disturbance.
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loud tenant

Postby nanuska » Sat Mar 31, 2007 11:41 am

Thank you for your advices.
I grew up in the building and all of my life I have lived in the apt's. I never had single complain.
I know my noise. I am out of home by 7 am and back by 8,9 or 10 pm. I do not have a time even for a tv 6-7 days I am on call so I am not even in the apt for more then 24 hours.
My husband is out by 6;30 back by 6pm (if he does not work overtime) and he would sit in front of the computer like hypnotized for 3 hours then he would go to bed.

Mystery in this case is; nobody showed me official report of inspection I asked for, once security was in front of my door ( I was coming back from the town) to warn me about my noise. I asked him simple question how he can warn me and I am not even physically present in the apt. I told him maybe somebody broke in , so we went inside and then he apologized to me and told me he is only doing his job and John and Jane do are claiming that I exercise in the apt?!! I could not believe my ears.
After this strange event another letter came " Notice to Cure".
I am so busy I do not even have a time to phone and research this thing.
I went to the management told them my story, they know how busy I am and then they send me another inspection on my request ( never got the report again- management never got the report either) and then again letter notice to cure and ending of the liece if I do not cure???
This is pure harassment I do not know how to fight this?
People around me in the apts have kids, pets. i can hear the noise which is completely natural. Basically I could not live here if I have a small kid.
My friends who live in the same LL's property have kids, parties, guest coming in and nobody has a carpet. I even showed security how squeaky is the floor beneath the carpet.
How to fight this? Any tenant's organisation?

Thank you
RNR
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Postby TenantNet » Sat Mar 31, 2007 1:52 pm

A few things. There is no such thing as an "official report of inspection." Don't ask for something that does not exist.

On the Notice to Cure, well that is real and it's serious in that it's the first step in taking you to court. You need to make time to deal with this.

Write the landlord by certified mail and ask him for a list of "all times and instances where noise has been reported or observed, and where complaints have been lodged." Ask them for specifics: date and time and the manner of the noise and from where it was observed. Ask them for specifics as to what the noise sounded like (loud music, banging, etc). Ask them on what days, dates and times did the landlord knock on your door, or call you as a DIRECT RESULT of their observance of the alleged noise.

Tell the LL that from your perspective there is no noise, so there is nothing to cure, but you must know the days and dates (as above), otherwise if the landlord cannot give you specifics, you can only infer the reports are false. So tell him there is nothing to cure unless they can provide specific evidence. And as a result of lack of specifici information, then any noise that did occur, was in fact cured.

You want to respond to the Notice to Cure. if you don't the LL may take you to court. He may anyway.

As others have said on this and other threads, noise is often hard to pinpoint and measure. What might be nothing to you could be a major problem to another tenant. On this forum we have no way of knowing the real situation.
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Loud Tenant

Postby Emeraldstar » Sat Mar 31, 2007 10:56 pm

Hi All
I noticed that you said you live in the bld. all your life. I understood this to mean the same apt? Are you rent stabilized? Not wanting to cause panic, but if you are a very long term tenant do not rule out that the LL may be trying to find a way of removal to increase the rent. Follow the steps TN suggested to ascertain & respond to the alligations.
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