We need to get out of here.

[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!!