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Facing Eviction Because Noisy Todddler

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  • 09-15-2012, 10:22 PM
    Cjewell
    Facing Eviction Because Noisy Todddler
    My question involves an eviction in the state of: Kentucky (low income housing)


    My question involves defamation in the state of: Kentucky

    I live in low income housing I moved in in 2010 after getting out of a horrible domestic violence situation, they knew I was pregnant & had to bring proof from my doctor for a 2 bedroom second floor apartment.I moved in in August 2010.
    I've never had issues my new husband & myself keep to ourselves we don't like drama, so even after over 2 years we only know 2 people in the whole complex we stick to ourselves.

    On August 10th 2012 we went out of town and came back August 17th to new neighbors.No issues for a few days then we get a loud banging on the celing our toddler( 19 months) was running we grabbed her to stop right before the banging.Ive never had any issues up to this point when we got new neighbors below us.

    Next day I get a call from the manager I apologize and tell her to apologize to the neighbor but my toddler has sleep issues I've spoken with her doctor and it's documented since she was born.She was a preemie.I thought everything would be ok after that we were pretty diligent about making her calm down after 9pm , putting toys away giving her a warm bath,trying to make her understand but she doesn't.So we resorted to punishing her for things she doesn't even understand.Which makes me feel horrible !Things were fine no loud obnoxious banging for over a week.

    Then fighting sleep struck again
    Even after being on a schedule , she was running we grabbed her sit her down talked to her numerous times etc... We did everything. Besides tie her to a chair next thing I know they are banging away very loudly. She stops I take her to read a book 30mins later she's asleep by 11:30, the next night it started at 10pm.Im stressed my 19mo is frustrated.

    Next day the manager calls to let me know 2 written complaints were filed,They said;

    Child runs in circles (yes I acknowledged she does & I stop it ASAP but sometimes it takes time) 2:my 19mo throws things (again yes she does I punish her and take away whatever she throws

    The rest were lies;

    1we came on the pitch and yelled for them to shut the F--- up we were trying to sleep because we sleep all day
    (never happened I get up with my child which is usually 10am or earlier -and if I was doing this wouldn't the other neighbors notice this and wouldn't it wake my child so I couldn't sleep -the lie contradicts itself)

    2- we beat on the floors all day & yell we are trying to sleep (again not only would this wake up my daughter and defeat the purpose but I get up early!)

    3-my husband screams cuss words at me while my daughter runs around screaming daddy,daddy. (I was in a fb relationship before him and will never be treated that way again, plus we do not use that kind of lacunae around our child, & I do aknowledge - Yes she screams daddy daddy all day she loves her daddy and at the moment it's her favorite word and was her first word she is a daddy's girl) plus I lived through this as a child my father beat my mother and I would never put a child through that-





    *Basically
    Iam facing possible eviction because a woman has made false claims and because I have a normal active & happy 19month old.I do understand the 10pm noise curfew but Iam doing everything but tying her down to keep everyone happy.Ive only seen my new neighbors a few times never spoke to them .Ive asked the manager to set up a meeting but she says it hasnt come to that yet.

    But every lie they have told is now in my file,so does this classify as libel??


    They are also "breaking rules" by having over night visitors every single weekend.
    They just seem out to get me evicted and they do t even know us and never have spoken to us.

    Can I be evicted when I'm trying everything to solve the issue & telling the truth while they are lying ?
  • 09-16-2012, 08:01 AM
    jk
    Re: Facing Eviction Because Noisy 19 Month Old
    the noise issue is all that is required to evict you. First, to let you know, I sympathize with the issues with the child. I have a grandchild a bit older than that. Her parents live on the second floor of an apartment group and I hate going there and seeing them have to make the child stop jumping or running because it disturbs the neighbors but...


    that is apartment life.


    Is it possible to move to a first floor apartment?


    Short of that, I suspect an eviction is in your near future. Your reasons do not justify ignoring the noise. The explanations do not change a thing. If the neighbor is violating rules and it affects you, you too can file a complaint but it does not diminish your violations.
  • 09-16-2012, 10:19 AM
    Cjewell
    Re: Facing Eviction Because Noisy 19 Month Old
    Quote:

    Quoting jk
    View Post
    the noise issue is all that is required to evict you. First, to let you know, I sympathize with the issues with the child. I have a grandchild a bit older than that. Her parents live on the second floor of an apartment group and I hate going there and seeing them have to make the child stop jumping or running because it disturbs the neighbors but...


    that is apartment life.


    Is it possible to move to a first floor apartment?


    Short of that, I suspect an eviction is in your near future. Your reasons do not justify ignoring the noise. The explanations do not change a thing. If the neighbor is violating rules and it affects you, you too can file a complaint but it does not diminish your violations.


    I do understand her side also but she has kids one that's 20 & a couple she only gets on the weekends so she should know how kids are.

    Like I said I do understand I'm trying my absolute best and taking actions to prevent anymore complaints But of course we are still going to have "noise " from time to time no matter how hard I try.They have also complained she is noisy
    During the day.

    I'm doing everything I can think
    Of to better the living situation for both but still feels like they just want me gone, I've told the manager to apologize, I take away all toys except books and things she can play with quietly.We never wear shoes, she is punished and made to set still after 9pm, I tiptoe, I am trying to make a game of it and tell her to walk carefully and whisper.It's not like I'm ignoring the situation and saying "kids will be kids" but it's impossible to fully control her actions every second after 9pm.


    I've tried to get a downstairs apartment since I had issues in my pregnancy & ordered by the dr to stay in bed and avoid stairs etc.(strict bed rest) .. But was told it wasn't a good enough excuse because it was "temporary".
    I spent 2 months in bed one Month in the hospital.Had to have a csection and climbing those stairs was complete agony when I had to go out for dr appts.

    She asked a few times lately if I wanted downstairs and I say yes please! But then tells me I need a doctors form (my dr is sick with cancer and has been in the hospital for 2 months ) but I'm not even sure he will fill it out.


    Plus I get ssi and am legally already disabled according to the ss office , I have severe asthma among other issues but I guess this does not matter I assumed disabled is disabled
  • 09-16-2012, 10:36 AM
    cbg
    Re: Facing Eviction Because Noisy 19 Month Old
    Under the law, temporary conditions and permanent conditions are handled differently where disability is concerned.

    But being disabled, either temporarily or permanently, does not give you a pass where other issues are concerned. If your child is creating noise that is sufficient to evict you, your being disabled does not mean that the noise issue is voided.
  • 09-16-2012, 10:36 AM
    Dogmatique
    Re: Facing Eviction Because Noisy 19 Month Old
    Being disabled doesn't mean you and your household get a pass for noise/disruption.

    I do understand Mom, I really do. JK is correct thought.
  • 09-16-2012, 11:36 AM
    Cjewell
    Re: Facing Eviction Because Noisy 19 Month Old
    I never said it did, Jk asked if I ever thought about mOving downstairs I simply replied here you have to be disabled to be downstairs.No one said "hey I get ssi do I can make as much noise as I want" please if your going to bother replying at lead read the entire post.

    - - - Updated - - -

    It's amazing how you can write one thing and all the sudden it's turned into something tOttally different.I in NO way said I should get a free pass because I get ssi.Iam actually pretty smart and do understand we have a noise curfew.Again I'm doing everything but tying my child to a chair .Toys put away at 9pm except books & quite toys, she runs,screams she gets punished, she throws something it gets taken.She has a bedtime she has a schedule but again she is a toddler & fights sleep sometimes.Thoes nights I give her a warm bath to help.She gets taken to the park to run off energy in the evening.No sweets no sugars after a certain time.Iam a first time mother but correct me if I'm wrong because she is my first & only child but I'm doing everything I can possibly think of to keep everyone happy.Except my child that isn't old enough to understand , I try to make a game out of it by telling her to whisper or walk softly etc...


    again I never said ssi gives you a free pass that's crazy how my words can be twisted, I simply said I can move down stairs unless I'm disabled.

    I came here for help not to be talked down to, I came her because Iam doing all I can while the tell complete lies about me yelling and cussing at them when I've never spoken to them.


    I guess if you can't beat them join them if it's not a crime to make up complete fabrications and hurt someone's permantant housing record & references I guess I'll just start lieing about them to , thanks dogmatique so helpful .
  • 09-16-2012, 01:44 PM
    LawResearcherMissy
    Re: Facing Eviction Because Noisy 19 Month Old
    Quote:

    She asked a few times lately if I wanted downstairs and I say yes please! But then tells me I need a doctors form (my dr is sick with cancer and has been in the hospital for 2 months ) but I'm not even sure he will fill it out.
    Then get a different doctor, so you can get the form filled out timely and possibly get this situation under control. "My doctor has cancer" is not going to help you.

    Quote:

    I came here for help not to be talked down to,
    The snark - along with the answers - is free. If you want to control the conversation and have someone cluck sympathetically, you're going to have to go pay someone.
  • 09-16-2012, 03:59 PM
    Dogmatique
    Re: Facing Eviction Because Noisy 19 Month Old
    How charming of you.

    You're welcome.

    Your account will not be deleted. Your posts are here forever.
  • 09-16-2012, 04:00 PM
    Disagreeable
    Re: Facing Eviction Because Noisy 19 Month Old
    Quote:

    Quoting Cjewell
    View Post
    Ok well I should of researched this site a bit more before asking for advice so basically it where the know it all's and the (don't know much but I will google it) people go to act better than everyone else.
    I hope no one plans on getting on here & getting much help.
    I hope I can delete my account here because I'll never be back.This has to be where the trolls go to die, if I need to know anything else I'm sure I can "google " it myself.No one has answered any of my questions or read my post fully you all have jumped to "assumptions " that don't make sense.Or answer questions I didn't have .-ridiculous Anyone can set on a fat ass and use a search engine it doesn't take a rocket scientist.

    Usually, it does take more than welfare.
  • 09-16-2012, 04:02 PM
    jk
    Re: Facing Eviction Because Noisy 19 Month Old
    If you are receiving SSI, somebody in the household is disabled.

    So, why was it you couldn't move to the first floor?
  • 09-16-2012, 04:09 PM
    Cjewell
    Re: Facing Eviction Because Noisy 19 Month Old
    Iam. evidentially the government saying your disabled doesn't matter they say I need a doctors form.My doctor is currently on his death bed dying of cancer.

    No one is in the office to fill out the form his wife, mother & sister work for him so of course They are with him & his office is closed.I cant even get my records to switch doctors right now.I have severe asthma on several daily meds.
  • 09-16-2012, 04:28 PM
    LawResearcherMissy
    Re: Facing Eviction Because Noisy Todddler
    Quote:

    My doctor is currently on his death bed dying of cancer.
    So what's going to happen when he actually passes?

    You don't need to get your records to get a new doctor. You just go to a new one, get a new patient appointment, and start from scratch. Your new doctor will be able to request your records once someone is available to close the practice.

    This isn't as hard as you're trying to make it.
  • 09-16-2012, 05:17 PM
    Disagreeable
    Re: Facing Eviction Because Noisy 19 Month Old
    The housing authority will have a special form, for the doctor to fill out. Unfortunately, your issue is not something that requires a first floor apartment. Your doctor would be misusing the system and wasting tax payer dollars, giving you an authorization. If the child's pediatrician were to do it, for medical reasons of the child activity level, that would be legal.
  • 09-16-2012, 09:08 PM
    Mr. Knowitall
    Re: Facing Eviction Because Noisy Todddler
    Quote:

    Quoting Cjewell
    View Post
    ...my toddler has sleep issues I've spoken with her doctor and it's documented since she was born.

    "Sleep issues" isn't a diagnosis. Is there a diagnosis? Your daughter sleeps how many hours per night, from when to when, and naps how many hours per day, from when to when?
    Quote:

    Quoting Cjewell
    The rest were lies;

    So you told your landlord that the rest of the allegations are lies, and your landlord replied... how?
    Quote:

    Quoting Cjewell
    They are also "breaking rules" by having over night visitors every single weekend.

    You've been reporting them?
    Quote:

    Quoting Cjewell
    Can I be evicted when I'm trying everything to solve the issue & telling the truth while they are lying ?

    If your landlord believes their version of events, not yours, and is of the position that your misconduct rises to the level that justifies eviction, your landlord may attempt to evict you. You are free to defend yourself in court.
    Quote:

    Quoting Cjewell
    View Post
    But then tells me I need a doctors form (my dr is sick with cancer and has been in the hospital for 2 months ) but I'm not even sure he will fill it out.

    Somebody is handling your doctor's practice during his illness. There are also lots of other doctors you can see. If the issue is that you don't believe that a doctor who is familiar with your medical condition will deem it as qualifying you for the downstairs apartment, that's not something we can help you with.
    Quote:

    Quoting Cjewell
    View Post
    I guess if you can't beat them join them if it's not a crime to make up complete fabrications and hurt someone's permantant housing record & references I guess I'll just start lieing about them to

    If that's the sort of person you are, or the sort of person you want to be, that also is not something we can help you with.
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