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What do I do about needless noise complaints from a tenant below me?

  • Hello- Last month I moved to Austin, TX from Massachusetts. I am 23 years old and this is the first time I have lived by myself. The reason I am writing this is because the woman below me has already complained 4 times to me about noise I am apparently making. The first time she complained was the very first night I stayed at the apartment. She said that she had been hearing a lot of banging, etc. and asked if I could keep it down. I apologized and explained the I had just moved in and that was probably what she heard. She also explained to me that she is a sngle mother with a young daughter and that she wakes up early everyday, etc. I sympathized and tried to be as quiet as possible. A few days later she came up to my apartment again (this time well after 10:00 at night). She said that the night before there was a loud noise at 3:00 am which woke up both her and her daughter and apparently she deduced it must have come from me. I explained that I was sound asleep at the time and had no idea what she was talking about. She apologized for bothering me, said it must just be thin floors and went back downstairs. After this second complaint I made a concentrated effort to be quiet to the point of rearranging my routine and essentially tip-toeing around my apartment. The third complaint was one that really tipped me off that this lady may be a little crazy. I just started culinary school and had an orientation the week before last. I came home from the orientation at 6:00 pm and had been in my apartment about 30 seconds when I got a knock on my door. I opened the door to her 7 or 8 year old daughter telling me they were trying to eat dinner and to please keep it down. Now, of course, I am not going to yell at a little girl and I think the lady knew that therefore sending her daughter to do her bidding. I explained that I had just come home and that I would be as quiet as possible. After this complaint I went to the management office and explained the situation to them as a kind-of head's up. They told me if she complained again to come back and they would do something. The last straw came today. I have been in school for about two weeks and my classes start at 6:30 in the morning. I therefore wake up at 4:30 M-F. Again, I am as quiet as possible. I came home from school at 9:00 this morning and there was a note on my door for everyone to see (not folded up) from my neighbor. It was in red marker in bold letters stating that this was the second time her and her daughter were waken up at 4 or 5 in the morning (she wakes up at 6:00 god forbid) and that I was being inconsiderate, etc. What made me mad was not only the blatant rudeness of the note but also her assumption that because I am young that I do not wake up early as well and any noise I make must be because I am unaware of others, being inconsiderate, etc. Sorry for the long explanation but I wanted to get all the details in here. After the note I went down to the office again and explained what had happened. They said that they would call her and explain my side and also see where she thinks the noise is coming from, at what times, etc. and let me know. This issue is seriously stressing me out to the point where I worry everytime I walk around, or do any normal activivity of daily life. I also am worried because as of yet I have not ahd anybody over because I am still new to the area. What happens when I make friends and want to have some people over (reasonably of course) or I have friends visit me? I also am a bartender and when I do find a job I will probably be coming home pretty late on some nights and she probably will complain about that too. Has anyone been in this same situation? What can I do? I don't know if I trust the management to take care of this. Also, I want to say that I have lived in apartments before and have been on the receiving end of noise so I do sympathize. However, I also understoo that unless it was excessive (loud music/tv, moving furniture, yelling, etc.) there was nothing I could do. HELP!!!!

  • Answer:

    None of this is your fault. You cannot be expected to tip toe around just to make her happy. Some people just cannot stand living in an apartment. There is a clause in most leases that states not to bother the neighbors and that all tenants have a right to quiet enjoyment. Since you are doing nothing out of the ordinary, I think she is the one in violation and needs to get a notice from the landlord to leave you alone or move out.

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Other answers

Pray she moves or you find a way to move. I think she is an unhappy person to start with and you know the next time she comes to the door and complains, take a deep breath and say I'm sorry, what is this really about? I try to be quiet and we all have to live in this building, and I do not believe I am being loud so what is it you are really unhappy about. I suspect she will either run back to her apartment or spill her guts and she will be off your back or you will gain a friend.

troseilnana

I think you may be correct in your assumption of her mental state. I would go to the management company again, and ask them to either make her leave you alone or give you another apartment in the complex You have just as much right to live normally and enjoy quiet enjoyment as she does. I think she's being excessive.

Alterfemego

She is the one, who because she cannot tolerate any noise who should be moved to another unit. She needs to be upstairs. Talk to your Management people.

educated guess

I would check your lease and see what clauses it has as to noise in the complex. I would then stay at least one day home and see if you notice any noise. Then request to have either you or her moved to another unit. She apparently has a problem. I personally find the noise in most apartments comforting, and always rent the ground floor if I can. Good luck; not all places are like this; and the manager needs to handle it asap.

intuitivechick

i would talk to the management again and tell them this is seriously becoming an issue. TELL THEM YOU FEEL THREATENED!! let them know that you cannot live comfortably in your own place due to her crazyness. you have rights as a tenant....privacy should be one of them. (at least it is here in ohio) and also im not sure what the right says exactly but it also mentions something about living comfortably in your own place. so i think it would be in your best interest to learn your tenant rights for the state you live in. if this persist i would even call the police. tell them you feel harassed by this. she is obviously psycho. anyone knows that apts are not the quietest place to live. im not saying that its ok to be loud but she is a bit over board. i lived on the bottom floor at our last place and the lady above me was a big girl LOL...she walked loud but i know she wasnt intentionally being loud. she was a nurse so she came home late at night and usually it woke me up...but its not like i would go complaining on her or to her. i knew the difference between walking normally and having a party. she needs to understand that you shouldnt have to tip toe around your place. i mean COME ON...the first night you move in??? ppl are going to be loud and also the 3am noise she heard....sh*t happens!!! i would only complain on someone if it was really bad and all the time. sounds to me like she is batty and needs to move out or at least to an upstairs apt. the fact that she sent her daughter up, you being too loud during dinner??? OMFG i would be soooo pissed! she is just being a snob. seriously...look into your rights and call the police for stalking or harassment whatever you can get on her. she is not right.... i wish you all the luck in the world!!

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