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noisy building driving me crazy

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  • noisy building driving me crazy

    My apartment sounds like the ceiling is going to cave in above the main living area from the folks upstairs. I dont think they are stomping or jumping around, just going about their normal business. Im pretty sure there are 3 adults above and they all work different shifts so the noise never stops. I thought I was over reacting but I have had other people listen and they cant believe how loud this apartment/ceiling is. There are also water lines that run through my bedroom walls and I get to listen to creaking pinging pipes. I've been here for 6 months and have 6 more to go. I have been resorting to sleeping pills and a box fan on non stop for the white noise...doesn't help. Do I have any right to break the lease over these unforseen issues?

  • #2
    Re: noisy building driving me crazy

    Afraid not. As you said, these people aren't doing this on purpose. It is normal apartment noise. If it isn't to the level that you could call the police for disturbing the peace, it doesn't violate the law.

    Your unit has no insulation or sound barrier between the floors. This is something that you should have investigated or asked about when you viewed the unit. Neighbors could have told you this. This is very common in apartment buildings and something that is your responsibility to check. You cannot terminate for normal noise.

    You could ask the upstairs neighbors or the LL to put down area rugs to lessen the noise up there. You could wear earplugs and purchase a white noise machine (costs about $20) or continue to run a fan. Or if you are desperate, you could ask the LL if you can buy your way out of the lease by paying a lease termination fee. This fee is normally equal to about 2 months of rent. He may accept your offer, but has no obligation to. In future, investigate this before you sign.

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    • #3
      Re: noisy building driving me crazy

      Or, you can inform the landlord of how disturbing all the noise is, and ask that they create some sort of sound buffer; perhaps rugs on the upstairs floors? Your problem is common in multi units. Especially old houses where green landlords have no clue as to what they are doing, or do, but simply don't care as long as money is flowing in. But you do have a right to peace and quiet, and you aren't getting it.

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      • #4
        Re: noisy building driving me crazy

        The LL has no obligation to install any sound buffers in the building. The tenant rented it without them. Requesting them now, 1/2 way through the lease, is asking for improvements. They will likely be denied. But it doesn't hurt to ask.

        You have the right to not be disturbed by illegal and unwanted noise after certain hours. This is normal apartment noise, not loud music or parties. No one guarantees that there will be no noise in your unit. Police will not cite the other tenants for merely walking around their unit. They also have the right to use their rented space in a normal way. Your rights have to balance out with theirs, not override them. You chose a unit with apartment noise from no insulation. Check the place out better next time. I doubt you will be allowed out of your lease for this.

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        • #5
          Re: noisy building driving me crazy

          What state are you in?

          Try sending a non threatening certified letter R.R.R. to your L.L. explaining the problem, with some suggestions to limit the noise within reason. Maybe installing underlayment, foam padding/rug over where you sleep, etc.

          You do have a right to quiet enjoyment of the premises. As a new tenant you had no clue that the people up stairs would be loud or that there was no padding/carpet in the upstairs unit before renting...no knowledge? Probably why the unit was empty before you moved in?

          Some tenants don't want to make a complaint/request to a L.L. for fear of being branded a complainer and being retaliated by the L.L....happens quite often.

          But if it is interfering with your sleep, effecting your daily life and quiet enjoyment of the premises, then I would think it would be worthy of bringing it to the attention of the L.L. for your piece of mind.

          Pinging pipes...maybe there is air in the system that needs to be fixed/addressed. Are these "water pipes" for radiators or going to a bathroom? Could spray expanding type foam in walls were the water pipes are. Running water from a shower can be quite load if you are sleeping next to someone else's shower. I use ear plugs at night myself for various reasons, eliminates some, but not all noise.

          What kind of sleeping pills are you referring to?

          If you the L.L. is not amicable to these suggestion or fixing same, then you would be in a better position to negotiate a release from your lease. The L.L. may feel it is easier/cheaper just to get rid of you, than to fix the problems. Then maybe you can find a better suited apartment or maybe one within the complex where you live if the L.L. has other units available.

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          • #6
            Re: noisy building driving me crazy

            The poster can negotiate a release from his lease (anyone can). But it is going to cost him. The neighbors aren't making unusual noise, no one is violating the law. The poster just can't deal with the normal noise that you get in an apartment building. He should never have moved into an apartment building. This is common in nearly all complexes.

            The OP may be able to negotiate a lease break. But expect to pay a lease termination fee of about 2 months worth of rent to do it. Neighbors fighting, playing loud music, or disturbing the peace can get you out of a lease if the LL fails to take action. But normal apartment noise won't.

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