Noise Uninhabitable

[leviathan860]

What is the name of your state (only U.S. law)? Illinois

Can an apartment be deemed uninhabitable because of noise from adjoining apartments? I've lived in apartment buildings before, but this one is bad. I have an apartment on top of me with a tenant who plays loud music almost constantly. What's worse is even when the music is off I can still hear them talking and every step they take the floor groans. It has woken me up every single morning. I spoke to them several times and they refuse to turn it down and have cursed at me. I called the landlord and she said call the police. I called the police twice. Once it was pretty loud when they showed up but the second time it was quieter by the time they came. The tenant upstairs claims the noise is from a breathing machine. I have no idea what he talking about. It is not a breathing machine at all and he never mentioned one when I talked to him. The landlord doesn't know who to believe. He said he's going to figure it out and give a 30 days notice to whoever it is. Can he evict me because I complain about noise. If the landlord refuses to do anything about it then I would just like to move and get my security deposit back.

 

[leviathan860]

What is the name of your state (only U.S. law)? Illinois

Can an apartment be deemed uninhabitable because of noise from adjoining apartments? I've lived in apartment buildings before, but this one is bad. I have an apartment on top of me with a tenant who plays loud music almost constantly. What's worse is even when the music is off I can still hear them talking and every step they take the floor groans. It has woken me up every single morning. I spoke to them several times and they refuse to turn it down and have cursed at me. I called the landlord and she said call the police. I called the police twice. Once it was pretty loud when they showed up but the second time it was quieter by the time they came. The tenant upstairs claims the noise is from a breathing machine. I have no idea what he talking about. It is not a breathing machine at all and he never mentioned one when I talked to him. The landlord doesn't know who to believe. He said he's going to figure it out and give a 30 days notice to whoever it is. Can he evict me because I complain about noise. If the landlord refuses to do anything about it then I would just like to move and get my security deposit back.

I should also say the lease states that tenants are not to create any noise that annoys other tenants at any time.

 

[FarmerJ]

A so called breathing machine like a BI-pap machine only has a steady but soft noise. 3 different clients in the group homes I work in where I have worked overnight awake shifts used them , the only way those machines could be heard is when the clients door is open and the sound carries into the next room ( those 3 clients rooms were all adjacent to the homes living rooms) One clients BI-PAP machine was connected to oxygen pump , that machine in it self has a steady but SOFT cycling sound that is not that noticeable BUT it is present. Music noises are much different. I would tell you to make sure you understand your city/county noise ords and when the noises occur at a time of the day that is past the time set in the local ord keep calling the police. In the time being about your next rented place make sure you do a walk around at 10:30 at night even if its on the outside only so you can hear for your self how it sounds around there at night BEFORE signing a lease , Or try finding a regular house. There may not be much else you can do.

 

[Who's Liable?]

I should also say the lease states that tenants are not to create any noise that annoys other tenants at any time.

Had a good laugh at that...

Completely unenforceable, and what constitutes "annoys"? Can that be the TV, radio, blender, fan, toys, washing machine, etc.?

....There may not be much else you can do.

That about says it all....

 

[Cvillecpm]

If you are expecting your landlord to remove the other residents, you are wrong.

You need to move at the end of your lease....preferably to a home you own!!!

 

[leviathan860]

If you are expecting your landlord to remove the other residents, you are wrong.

You need to move at the end of your lease....preferably to a home you own!!!

Ok, things have gotten way worse. This guy has been yelling at me, throwing dirt onto my balcony, saying I'm parking in his car port and he'll get me towed even though I confirmed with the landlord it is my space. And I went to go apply for a job today and went to this restaurant and I guess he works there. When he saw me he took the application away and ripped it up and threw it away.

Can I file for an order or protection or can I only do that if he hits me?

 

[Alaska landlord]

I think he may have cause to seek one against you. Stop stalking the guy!

 

[leviathan860]

I think he may have cause to seek one against you. Stop stalking the guy!

What? I didn't know he worked there. Seems like he could have had even the smallest amount of class and just stayed in the back of the restaurant and let me fill out the application and then thrown it away and avoided a confrontation all together.

And mind you he's the one who came banging on my door because I was parking in a carport spot that is supposedly accidentally assigned to both him and me, even though the landlord assured me it was assigned to only me. He could have let that go for the moment and taken it up with the landlord. I think that's what most people would have done. The most any reasonable person would have done is calmly knocked my door and inquired about it. Instead, he bangs on my door and shoots at me that he's going to have it towed if I don't move.

 

[Who's Liable?]

Ignore Alaska...

He's a LL and automatically thinks the worst of all tenants.