We need to get out of here.

[Sevaede]

Okay, I think there are a few PTers in the legal field. I am hoping one, or all, of you can help me. :) Pretty please? *bats eyelashes* :p

Troy and I signed a 12 month lease for this apartment. It's an upstairs apt in a house that has been divided into a quadplex (there's also a garage apt in back). We signed it and moved in during the middle of August. There was a couple moved in in the downstairs and upstairs back apts. Everything was nice and quiet for a while (this is a quiet street, with nice houses and respectable folks living on it). The landlady had discussed with us, before signing, the previous tenant who had signed a 12 month lease. The girl who lived here before us was let out of her lease six months early because she was quiet, friendly, tidy, and always on time with her rent. Kathy told us that she would do the same, if need be, in situations she was not specific about.

Then, this girl (early to mid 20s) moves in to the front facing downstairs apartment which happens to be directly below us. The very first day she took her dog (looks like an acd/pitty mix, maybe?) out to potty, on leash, and then took her back in. She then came out, left her door open, with a bag to pick up the poo and while she was picking it up her dog walked out on the sidewalk right in front of the house and she screamed at her, while running at her, "Sasha, if you dont get back in that F&^**$g house right now, I am going to beat your F%^&*(g a$$!".

This girl has had various men over at different times but, lately, it has been the same couple of men. One of the men, I have to assume, is her boyfriend because they fight all. the. time. One night, they got *really* heavy with their fighting, being physical, and throwing each other against walls, screaming, hitting each other, insulting each other, hitting the dog, etc. and we called the police. Four police (two per car, right?) came out and they were still fighting up until about the third time the man knocked on their door. They quieted down, and the police even screamed at them to open the door, but the girl and her boyfriend never did so they left. They were quiet for about twenty minutes and then started right back up. They had another fight like this the other day where the man took her dog and left, came back, and tried to kick her out of her apartment. She was submitting and going along with it but that didn't pan out (she started moving her stuff onto the porch but she never left and so it all went back inside). And they're rude and hostile to myself (but the girl tries to be flirty with Troy. o_o ).

Okay, I have nothing against any of you (or anyone else, for that matter!) who listen to rap. It is just not my cup of tea. HOWEVER, this girl and guy play it VERY loud (I would still be making this complaint if the music *WAS* my cup of tea.). It gets so loud that it shakes MY walls and knocks stuff off, frightens my furbabies, etc.

This is becoming intolerable. Our stress has increased, sleeping is difficult some nights, it's just plain aggravating, etc.

We are nice (helping folks start their car with ours), quiet (we don't play our music. Heck, we haven't even turned our stereo ON in months!), helpful (give others their mail when it comes to our box), and such. We pay our rent on time, etc. Spanky hardly *ever* barks. She is just not a talker. She cries but she does not do a whole lot of barking (only a few peeps when somebody is coming home or if she gets super riled up with the cats).

I believe that Kathy will work with us as we are always on time with rent (which she lowered for us!), we visit and have friendly informal conversations with her and her best friend, we are clean and keep the house that way, as well, etc.

So is there anything that can be done? Is there anything we can do? I don't want to break my lease and never be able to rent again. We are tired (literally) and fed up.

Any advice?

[Karen]

Absolutely - talk to your landlord. Impress on her that, if nothing is done aboput the downstairs tenant, you will need to move. If she is unwilling or unable to set rules or evict the other person, at least she will then know that she has a problem on her hands, and should be willing to let you go early.

[RedHedd]

Document, document, document. Keep track of what happens, when. If police are called, etc. Keep calling your landlord to let them know what's going on. There probably is a right to quiet enjoyment clause in your lease - it's pretty standard language. The noise makers are probably in breach of their lease, the loud noise and fighting also being considered a nuisance, the dog being a danger to others, etc. Those are all grounds for eviction.

Sounds like a lousy situation for you, but people have been evicted from the building I live in for such behavior.

[moosmom]

RedHedd said it best. Documentation is everything. See if you can get copies of the police visits to the premises. Make a recording of the noise and fighting going on (I'm assuming the landlord lives off the premises). When you've got all that together, sit down with your landlady and lay it on the line. Also find out about the noise ordinances in your area.

I signed a 12 month lease for a nice garden apartment. My landlord told me there was a woman with two kids living upstairs who were very quiet and that it "wouldn't be a problem as the kids go to bed early. The heck they do!! She never let them go outside to play, so needless to say I heard "ring around the rosey" constantly, not to mention everything else that went on in the apt, including her bf's puppy whining at 4 am. I called the cops when they started tying the dog out on the railing of the hallway.

After they moved out (it seemed like FOREVER) I moved upstairs. I will never again live below anyone.

[Toby's my baby]

Like RedHedd said, document. My dad is a landlord, and if the police are called to any of his houses more than a certain number of times, they HAVE to leave. Obivously, if they are caught with anything illegal, such as drugs, they have to be out within 24 hours, even if they ARE in jail. When things get bad, call the police, the police should be notifying your landlord when they have to come to the appartment, they are required to...or at least around here.

Good luck, I hope she gets evictedor turns around her behaivior, and I hope everything works out! :)

[dukedogsmom]

That's such a shame. I'm sure Kathy would much rather keep you than the other tenant. I'm sure something can be worked out. Besides writing, record the noise when it's occuring. That would really convince her.

[Laura's Babies]

# 1... YOu are not doing anything wrong so why should you be the one to have to move?

I am with the one that said to record the noise for the landlady. I don't hesitate to call our manager when something is going on around here that he needs to know about and I called him late one night when the young couple in front of me sounded like he was over there beating her to death and distroying their house. I was afraid the police didn't have time to get here before he killed her so I ran to the manager and got him out of bed. (I had just had a friend murdered in a domestic dispute so I was horrified with what I as hearing.)

I would call and complain to the landlady, call the police when they get to loud or out of hand... I would even call and complaine about the loud music. There IS a rule here and in the lease that if the law is called out 3 times, you ARE EVICTED!!