i think im going to lose it- rental woes

We moved from a 1br to a gorgeous 2br a month ago within the same complex. We had about 15 friends and family help us move everything so we didn't have to pay for movers and it was a relatively painless experience. DH is a teacher so he had the whole summer to pack and unpack.

It's been a month now and we haven't slept a full night since being here. The neighbors above us wake up anywhere from 3am-5:30am and even though they are just walking around, doing their thing, they are loud, heavy walkers, the floors creak and their thudding shakes our walls. It wakes us out of a sound sleep.

We;ve written two letters to management and they came and inspected and said their carpeting and padding was sufficient and there's nothing they can do. One of the occupants upstairs is disabled and apparently there has been complaints about him being loud when waiting for the bus outside but nothing specific to our complaints.

We are going to speak with the RE broker tomorrow because our old neighbors told us there is a 2BR vacancy coming up in the old building, but I don't think we have a leg to stand on.
Is there any way to spin this to the RE broker so we do not have to pay for another broker's fee? Maybe a lateral transfer?

We are expecting twins and the whole point of moving during the summer was to avoid stress during my third trimester. I've been experiencing contractions due to the stress (unfortunately not just due to this stress but because my brother died around the same time we moved). I am slowly losing my mind and need to get the hell out of here asap. I also wake up with heart palpitations scared out of my mind because I dont know where I'm at or what the noise is. It's a gorgeous huge apartment but I just cant stay here anymore. And please don't tell me to buy a house lol- That's just not helpful.

Message edited 9/3/2012 12:05:09 PM.

Re: i think im going to lose it- rental woes

I would try to document everything, and then deal directly with management.

These things aren't out of the ordinary.

As you know from my work, I deal A LOT with housing issues and the disabled.

We've had complaints about one of our clients because they have their days mixed up with their nights and cannot control the volume of their voice because of their brain injury. Because they have 24: 7 staffing too, the young professional couple neighbors complained about the comings and goings several times a day with staff. They moved out because of it according to the complex.

BUT they still continue to rent to our clients and have not issues with anyone else.

If you are paying rent, they would probably consider just letting you move vs. taking their chances with another tenant.

Re: i think im going to lose it- rental woes

I forgot to mention that management said we should call security when we hear the noise. I'm assuming it's so they can hear it for themselves and document it. The last thing I want to be doing at 4am is calling to complain and having security come to my apt. I dont understand what's the point of this- they are completely within the stipulations of their lease and apparently the only choice we have is a court case, which of course we wouldnt do.

I think the bottom line is we have to move- the other available apt is on the top floor so we are hoping not to have this problem again.

Re: i think im going to lose it- rental woes

Yeah, definitely speak to them about moving.

If you get into it with the neighbors, I wouldn't be surprised they try to start a battle with you after your babies are born if they hear them awake and crying.

I think being on the top floor would limit your interactions with as many neighbors as possible (hopefully).

I don't think it's fair they should charge you another broker's fee though.

I also think it's a PITA to have to call security over this.

Re: i think im going to lose it- rental woes

We had a similar issue. We were renting a large house with roommates right before we got married and 3 months after we were married I found out I was pregnant and we just wanted our own home to start our new lives together so we rented a small 2bedroom apartment on the second floor of a home so that we could save for a home. We lived there for 6 months, it was so horrible. The people who lived below us were 3 girls in their late twenties all with full time jobs so we didn't think anything of it. We were so wrong. Every weekend they had huge parties until the wee hours of the morning, the techno they would play shook the walls, people were barfing in the driveway, smoking weed, etc. we complained and complained and the landlord did nothing. We had to make a decision...we were having a baby in a month. We had to move again. It sucked and was expensive because the place we just got was through a realtor so we paid her 6 months earlier and the only good place we could find to move to was through another realtor so we were out close to four grand. It really sucked plus security deposits and what not not to mention being due any week. We ended up renting a small single home instead of doing another apartment. It meant putting saving for a home on the back burner but we needed to do what we thought was best for our family.

i think im going to lose it- rental woes

OK, you may not like what I am about to say, but it doesn't mean I'm not sympathetic to your plight. I've been in your situation and it does stink, no doubt.

Welcome to apartment living. Noise is common and if you're going to live in apartments you have to expect a reasonable amount of noise. It's common in older buildings and even in newer buildings because many times they 'cheap out' when building them. If you're going to live with people above you or attached to you in any way, you have to expect some reasonable amount of noise. This is true even in many "luxury" apartment complexes.

The people upstairs are not doing anything wrong. They are simply walking, not stomping or jumping, in their apartment. They're not throwing keggers, they're not blaring music, they're not even being intentionally loud. Repeatedly having management come to their dwelling to "investigate" them doing nothing wrong is an interference with their right to quiet enjoyment.

I'm not sure what rules you feel they're breaking, what you really think that the complex should correct? They've investigated your complaints, and they really can't do anything if the people upstairs are following the rules (which, by your own admission, they are since they're just walking). You could buy a decibel meter and see how loud it really is and record it along with them walking for the management company to see, but even then, there may not be anything they can or will do.

If you need to move because of the noise, the apartment complex most likely will not let you out of your lease unless you can prove some type of negligence on their part, but they may allow you to change units. I don't understand why a REA would be needed for this though. The complex's management should be able to handle it.

In the meantime, you're going to have to find a way to deal with it. I suggest investing in either ear plugs or a white noise machine (even a fan may help with it).

As to spinning it back on the RE broker, I am not even sure how you think that is possible?

Re: i think im going to lose it- rental woes

This is a tough situation. Unfortunately, with twins on the way, I don't know if I would make waves because you never know if you are going to be on the receiving end of complaints after the babies are born.

Do you have any white noise? AC maybe? Or a radio on static?

i think im going to lose it- rental woes

Can you try sleeping with the tv on? I used to be a light sleeper until I got together with DH- He has to have the tv on to fall asleep and I USED to need complete silence. Now I fall alseep to the tv on and it's on loud..we have an Amtrak and a freight train right by our apartment and I can sleep with the windows open and won't wake up when the train passes.

Re: i think im going to lose it- rental woes

No white noise, earplugs, tv, pillow on the head work. I still feel the thudding and walls shaking

Re: i think im going to lose it- rental woes

Re: i think im going to lose it- rental woes

i think im going to lose it- rental woes

Apartment living stinks! No matter where you move there is going to be something about the neighbors. They do not sound proof the apartment very well. Have you thought about looking into apartment complexes that have duplexes? That's what we moved into as I hated upstairs neighbors for the reasons you listed and I also didn't want to be on the top floor because than I would be "that" neighbor with my DD jumping up and down all day! Good luck!

Re: i think im going to lose it- rental woes

Re: i think im going to lose it- rental woes

We had this issue in a previous apt. It was an apt that was leased by a local hospital to staff who was there for temp training so people came and went. When we first moved in, we didnt hear a peep from upstairs, next person walked like a friggin elephant, next was quiet and the next was a couple who would slam dresser drawers at 3am and shake our walls and do something that sounded like they were dropping bowling balls on the floor. They may have had a pogo stick too. lol. We left them a nice note and they apologized but it didnt get any better. I dont think they realized b/c they were just doing normal things and never realized they were super loud. They ended up moving out 2 days before us. Maybe a note will help in your case.

Hopefully spinning it that word on the street is that they were loud will help you avoid broker fees!