Dealing with Neighbor Problems in Pennsylvania

[RLG07734]

What is the correct way to deal with a neighbor issue. Our neighbor has 3 part time children (from 2 divorces). He has them most of the time through the summer and one/two weekends per month during school.

The problem is that these 3 kids (all boys from 10-13) are the loudest, noisiest little 'rats' that you could imagine. Running through their place, jumping, stomping, wrestling, up and down the steps, screaming, etc. They have even brought electric guitars and drums at certain points, which are played all day long in the house. And they are left alone while dad goes to work during the week.

We have complained to our landlord about it, and he has stated that "it has to be worked out between yourselves". Attempting to resolve the situation with the neighbor just results in the issue stopping for about an hour then starting all over again.

We DID have law enforcement over once about 6 months ago, which really didn't do anything except a visit from the landlord basically "urging" us NOT to ever go that far again, that it still needs resolved between us.

What is our next step, both against the landlord and the neighbor, since all of the leases state that you must respect the "right to quiet enjoyment"?

And, yes some of you will say move, but we really are not in the position to do that right now, since many landlords will not allow pets.

Thanks

[Mr. Knowitall]

If you bring a legal action against your landlord, you will probably find that you won't be invited to stay after your lease is up. So if you rule out moving, your landlord won't do anything, and the cops refuse to help, I guess you'll have to invest in earplugs.

[RLG07734]

this has been awhile...

the cops actually WILL help by citing the neighbor. Then the neighbor will run to the landlord telling him that we are calling the cops. Then the landlord will come back to us screaming that 'you aren't allowed to call the cops, work it out amongst yourselves'.

A no win situation?

[Fxston]

Since your landlord has control over the neighbors, because they are his tenants, he is breaking the some times implied covenant of quiet enjoyment in your lease and he has the power to regulate your neighbor.

Regardless of what the landlord says, you have the right to call the police. Unfortunately, you may not be renewed or may have some small protection under a retaliation statute. Also, your state may give you the right to sign a complaint against your neighbor and depending on the ages of the children, his leaving them alone all day may be a crime to do so. The police may be able to do something about the latter or you may be able to file a complaint with the state child protection agency.

Regardless of what happens, I would expect to move at the expiration of your lease. If you upset the landlord enough, he may be willing to let you out of your lease early. If you accept such an offer, get it in wriitng an make sure the place is spotless when you leave or forget your security deposit.

[terryc]

The landlord is legally responsible for his tenants.

Ear plugs are not an option, and I hate it when people suggest that.
The idea that you'd have to wear earplugs in your own apartment?
You have to make a decision, fight this, put up with it or move.

Do you have a neighborhood watch in your area? I'd contact them, and contact whatever police liasons they have. It's important to go about this in the correct way, as it can backfire/escalate.

Try to speak to the neighbor (you said you already have) Next, try a (polite) letter. Make a series of noise complaints to the police, followed by a letter to the landlord. Keep a notebook for yourself, so that you have the dates and times you've called the police. Make a formal police report. You need to establish a 'paper trail' if this ends up in court. Audiotape/videotape what is going on.
You might also try a formal arbitration.
Where I live (CA) the landlord is liable for a fine of $5000 per person, including minors.