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Need advice!

post #1 of 12
Thread Starter 
So my husband and I are having issues with the guy who lives above us. We live in nice apartments and pay $1100 a month. We've been complaining and nothing is really being done. I've written a letter to the manager, but I want some opinions before I send it. Please read and let me know what you think!

Dear Jenny,
\tAs you are aware, Jason and I have complained several times about our upstairs neighbor. I was in the office yesterday (Saturday the 1st) and talked to Laurelynn about it again. Last night I was awakened again by him. This time, however, went way too far. I was awakened by the sound of bed springs – he was having sex. It was so loud that it took me a minute in the dark to realize that it wasn’t something coming from inside my room. It was reminiscent of when you see cheap hotels in the movies – they always hear the neighbors having sex.
\tJason and I are getting very tired of being woken up constantly by the noise upstairs. We are paying too much money to be dealing with a problem that usually only cheap apartments have. We chose to move here because we were told it was quiet. Besides the guy upstairs, we also constantly hear the front door slamming and the people to the left of us playing their stereo. The lack of sleep is affecting our work and our marriage. Paying more than a mortgage payment for a nice house each month is too much to ask for us to have to live like this.
\tIn our lease it says that we have a “right to quietâ€. It says that we shouldn’t interfere with other residents. I can only assume that everyone had to sign this. If that is the case, then this situation is violating our lease. If this does not stop soon, Jason is going to ask his work (WAVY TV10) for a referral for a lawyer to help us take care of the situation. If it is not possible to make the guy upstairs stop, then we expect to be moved into a top floor apartment with no change in our rent. If that is not possible, we will use a lawyer to get out of our lease and to get a reimbursement for the months that we have had to live being woken up at all hours of the night.
\tI really don’t want this to escalate. We love the location of this apartment, and we like the layout. I know that you have to give him fair warning, but this has been going on for months. We just want this to stop.

Thank you in advance,
post #2 of 12
I feel if the management respects you and doesn't want to lose you as tenants then they will do something.
post #3 of 12
I believe your letter gets your point across very well, and hopefully the apartment manager will take your letter seriously, and I agree 100% that I would deffinatley get a lawyer involved if they still refuse to do something after recieving that letter!
post #4 of 12
I, personally, would not mention consulting a lawyer. That usually stops progress, instead of starting it. I would just say that if they can't solve the problem, you will be pursuing other means of solving it.
post #5 of 12
Well it's worded very nicely so hopefully they'll act upon it now.

Some people have no respect for others and i hate that. And to have to listen to their bedroom antics
post #6 of 12
You can send it, but don't expect a lot. IMO if you feel that paying more then a mortgage payment for this apartment; it might be a wise thing to consider buying a house in the near future.

Any chance of looking for a house and peace and quiet?
post #7 of 12
Thread Starter 
We definately want to buy. When we moved here we had about a week to find a place to live because of my husband starting his new job. We just didn't have time to buy. We had to sign a long lease for this place, but if nothing changes soon, we're going to look to get out of it and buy. We would definately be happier.

Thanks for the advice. I did take mentioning the lawyer out. We're giving them until Wednesday for things to change (just because we were in there yesterday), and then I'm going to send it. I went in there today and got the email address for the parent company. I'll keep you guys posted.
post #8 of 12
How long is the lease? A year? You might need to contact a lawyer if you need to get out of the lease and find out what you can or can't do.
post #9 of 12
Thread Starter 
It was a year and a half, but we've been here almost 6 months already. I guess if this was going to happen, at least my husband works at the right place... He works at a local news station here.
post #10 of 12
Man, I wish I was in the market for a new house. This is really a buyer's market, with a lot of foreclosed houses available as well as new but unsold houses. This is one area that hasn't been affected as much as some, since until pretty recently you couldn't get a second lien on your home.
post #11 of 12
Originally Posted by mrblanche View Post
I, personally, would not mention consulting a lawyer. That usually stops progress, instead of starting it. I would just say that if they can't solve the problem, you will be pursuing other means of solving it.
I agree. The letter comes across as very confrontational and will get their backs up and instead of getting them on your side, they will be against you.
post #12 of 12
I know you didn't ask this but could you look into a white noise machine or some box fans to help drown out the noise a bit - until this gets resolved? The night sounds would drive me looney as well.
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