What is the name of your state? TX
I moved into a new apartment back in April and for the first few weeks I had peaceful bliss. Then the person above me moved in. Since we were all on lock-down he was treating it like summer came early with frequent parties (usually once a week going way into the wee hours of the morning if not fully around the clock).
Here's a quick time line of what's happened so far:
4/25 First contact to Apt Office about noise. A leasing agent said they would reach out and tell him to keep it down.
4/29 Called and asked to speak to the Community Manager (CM); I explained to her that the resident upstairs makes an excessive amount of noise and stomps around to the point where my furniture will start audibly rattling from the vibrations.
4/30 Spoke to the Assistant CM and relayed that the noise is still a problem and this time he had some kind of get together and you could hear them trying to shout over each other, stomping around, dropping stuff against the floor and dragging furniture around. This went on until 5-6am which meant I was up all night and I am working from home so I was late to a conference call from oversleeping.
5/08 Spoke to leasing agent because there was some sort of screaming or arguing going on and I'm trying to work but the screaming sounded like someone was in distress (domestic situation).
05/09 I'm working from home and hear a bunch of kids running around, stomping and giggling while I'm on a work call.
05/10 Went out of town. Arrived back at 1:30am. Beginning around 3am stomping, dragging of furniture -- excessive noise that shouldn't be happening at 3am. Emailed the audio to the assistant CM.
05/11 Called local police. Similar to 5/9 I heard kids running (so thats multiple foot steps just slamming against the floor and yelling and screaming like they were playing tag). Police came out and spoke to both of us and they told me when they went to his unit he leaves alone and has no idea what kids I'm talking about (although I have the audio to prove otherwise). They asked if maybe it was a different neighbor which led me to wonder if they went to the wrong unit because most apartments have the same floor plans vertically so his question didn't really make sense.
06/05 Commotion that has become the new normal - stomping, furniture being dragged, etc. between 2:30am-3:30am. Two officers responded basically told him shut up and left. This actually agitated him more and then the noise amplified which means I was up all night with no sleep.
So where we are today is I've actually had the CM and Assistant CM out to my unit. When they were here I told them it's become to common there's certain trends I notice to where this is definitely harassment. For one, I leave a recorder going around the clock. You can clearly hear when I leave dead silence for hours. Then when I come home (doesn't matter the time 10pm, 12am, 3am). It's quiet for a bit and then all of the commotion starts. I've learned the giveaways are the sound the door makes when it opens or the plumbing since you can hear it thru the floors when you flush or run water, etc. In addition to working I'm also studying to finish up my degree and the stomping gets so bad to where I leave and go park my car somewhere and study in my car or drive to a local hotel and sit and the lobby and study. The new annoying thing he's been doing is around 6:30-6:45am every morning he goes and puts on boots and just stomps around the apartment for about 5 minutes or so. No purpose just stomping around the living room and kitchen. And mind you, the floor plan is under 1,000 sq ft so when the CM and ACM came out I was asking them like where is he going? We have the same floor plan and there's not that many places to walk. They basically said it's a tough spot because during the day, there's nothing they can do about the noise and I explained a lot of the worse noise is at night and now early in the AM and we have no courtesy officer. I explained to them I have called them 4 times, local police twice and I got so frustrated one day I googled and found a Regional Manger so I've been emailing her and discussing all of this and sending audio files over to her.
My breaking point was July 4th which I'll leave a copy of the recording from then and it's like 3 hours long so listen to as much as you'd like. As well as the morning clips so you can hear that. A local cop was parked here the other night so feeling I had nothing else to lose I just explained all this to him and said what can I do? He basically said keep calling the local police until there is a courtesy officer and he said he thinks having the courtesy officer would be helpful since the local police never want to come to my actual unit to hear the noise they just want to go up there and tell him to knock it off so they can get onto the next call.
So I guess my question is, what are my options? Is there a way to take the CM to court and request that they move the tenant above me to another unit? And/or get rent relief since I really haven't been able to "enjoy" my unit. I spend more time in my car and offsite then I do in my actual unit because it's hard to really do anything with all the constant noise and commotion.
I moved into a new apartment back in April and for the first few weeks I had peaceful bliss. Then the person above me moved in. Since we were all on lock-down he was treating it like summer came early with frequent parties (usually once a week going way into the wee hours of the morning if not fully around the clock).
Here's a quick time line of what's happened so far:
4/25 First contact to Apt Office about noise. A leasing agent said they would reach out and tell him to keep it down.
4/29 Called and asked to speak to the Community Manager (CM); I explained to her that the resident upstairs makes an excessive amount of noise and stomps around to the point where my furniture will start audibly rattling from the vibrations.
4/30 Spoke to the Assistant CM and relayed that the noise is still a problem and this time he had some kind of get together and you could hear them trying to shout over each other, stomping around, dropping stuff against the floor and dragging furniture around. This went on until 5-6am which meant I was up all night and I am working from home so I was late to a conference call from oversleeping.
5/08 Spoke to leasing agent because there was some sort of screaming or arguing going on and I'm trying to work but the screaming sounded like someone was in distress (domestic situation).
05/09 I'm working from home and hear a bunch of kids running around, stomping and giggling while I'm on a work call.
05/10 Went out of town. Arrived back at 1:30am. Beginning around 3am stomping, dragging of furniture -- excessive noise that shouldn't be happening at 3am. Emailed the audio to the assistant CM.
05/11 Called local police. Similar to 5/9 I heard kids running (so thats multiple foot steps just slamming against the floor and yelling and screaming like they were playing tag). Police came out and spoke to both of us and they told me when they went to his unit he leaves alone and has no idea what kids I'm talking about (although I have the audio to prove otherwise). They asked if maybe it was a different neighbor which led me to wonder if they went to the wrong unit because most apartments have the same floor plans vertically so his question didn't really make sense.
06/05 Commotion that has become the new normal - stomping, furniture being dragged, etc. between 2:30am-3:30am. Two officers responded basically told him shut up and left. This actually agitated him more and then the noise amplified which means I was up all night with no sleep.
So where we are today is I've actually had the CM and Assistant CM out to my unit. When they were here I told them it's become to common there's certain trends I notice to where this is definitely harassment. For one, I leave a recorder going around the clock. You can clearly hear when I leave dead silence for hours. Then when I come home (doesn't matter the time 10pm, 12am, 3am). It's quiet for a bit and then all of the commotion starts. I've learned the giveaways are the sound the door makes when it opens or the plumbing since you can hear it thru the floors when you flush or run water, etc. In addition to working I'm also studying to finish up my degree and the stomping gets so bad to where I leave and go park my car somewhere and study in my car or drive to a local hotel and sit and the lobby and study. The new annoying thing he's been doing is around 6:30-6:45am every morning he goes and puts on boots and just stomps around the apartment for about 5 minutes or so. No purpose just stomping around the living room and kitchen. And mind you, the floor plan is under 1,000 sq ft so when the CM and ACM came out I was asking them like where is he going? We have the same floor plan and there's not that many places to walk. They basically said it's a tough spot because during the day, there's nothing they can do about the noise and I explained a lot of the worse noise is at night and now early in the AM and we have no courtesy officer. I explained to them I have called them 4 times, local police twice and I got so frustrated one day I googled and found a Regional Manger so I've been emailing her and discussing all of this and sending audio files over to her.
My breaking point was July 4th which I'll leave a copy of the recording from then and it's like 3 hours long so listen to as much as you'd like. As well as the morning clips so you can hear that. A local cop was parked here the other night so feeling I had nothing else to lose I just explained all this to him and said what can I do? He basically said keep calling the local police until there is a courtesy officer and he said he thinks having the courtesy officer would be helpful since the local police never want to come to my actual unit to hear the noise they just want to go up there and tell him to knock it off so they can get onto the next call.
So I guess my question is, what are my options? Is there a way to take the CM to court and request that they move the tenant above me to another unit? And/or get rent relief since I really haven't been able to "enjoy" my unit. I spend more time in my car and offsite then I do in my actual unit because it's hard to really do anything with all the constant noise and commotion.
