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Neighbor is Making Noise Complaints About Us

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  • 09-17-2013, 04:50 PM
    tmacj19
    Neighbor is Making Noise Complaints About Us
    My question involves landlord-tenant law in the State of: Massachusetts

    I live in a multi unit professionally building. We have just moved in about 2 weeks ago. I came home from work and found a note on my door from the property management that several noise complaints have been received by the office from our downstairs neighbor. We meet this person recently when she came to our door and explained to us that she has had numerous issues with many of the people who have lived abover her in the past. She asked that we try not to make excessive noise as the building is "paper thin". We have two young children- her defination of excess noise may not be the same. In any case, is there such a thing as a predisposition? As in a tenant have a predisposition to be looking for issues and reporting things that bother them just because they have had issues with those same type of things in the past? I have asked around and several other neighbors have heard that she files alot of complaints on her upstairs neighbors in the past. Does anyone know if there is a legal statute which provides some remedies for people who have predispositons? An injuction against her that I can have the property manager enforce? A Cease & Desist? She claims that we are "disturbing, infringing upon, adversly affecting or threating the rights, comfort, health, safety, or convenience" of her. I know there are the slander & libel statues along with defamation of character, harrasment, and some others but those are pretty broad. I am wondering if there is somethng specific to tenant or estate law. I guess I could also file a complaint against her for filing complaints against us, but that is a big he said/she said issue with a lot of gray area. I want something more ironclad. Thank you all for your time and consideration.
  • 09-18-2013, 10:00 PM
    Mr. Knowitall
    Re: Neighbor is Making Noise Complaints About Us
    Is there such a thing as a "predisposition"? Yes, it's a word and it applies in any number of circumstances. But even if we presuppose that your neighbor is predisposed to complain about noise, that doesn't answer the question of whether your noise is or is not excessive. You are going to have no luck getting an injunction to prevent a neighbor from making noise complaints to your landlord. You are going to have no luck suing somebody for thinking that you are making too much noise and trying to seek redress through your mutual landlord.

    Work things out with your landlord.
  • 09-19-2013, 04:45 AM
    Jack Jackson
    Re: Neighbor is Making Noise Complaints About Us
    That's nice .. a note about complaints. Meaning what? Contact LL and ask what they do for these issues...maybe nothing. Other than posting nice notes.

    And the neighbor is a jerk who cannot come down and speak to you face to face?
  • 09-19-2013, 07:10 PM
    tmacj19
    Re: Neighbor is Making Noise Complaints About Us
    Quote:

    Quoting Jack Jackson
    View Post
    That's nice .. a note about complaints. Meaning what? Contact LL and ask what they do for these issues...maybe nothing. Other than posting nice notes.

    And the neighbor is a jerk who cannot come down and speak to you face to face?

    Actually the neighbor came up and spoke to us a DAY AFTER she comlained to the management office. Her exact words, " I've had issues with multiple tenants who have lived above me in the past". Complaints against a tenant can result in the refusal to renew the lease, temination of lease prior to the completion of the lease term, or penatly payments due to the management company which can equal up to one month's rent per occurance. So, as you can see, I have a lot to lose with these "complaints"- lots of money and/or my place to live with my family. It's not a petty issue we are dealing with.

    - - - Updated - - -

    Quote:

    Quoting Mr. Knowitall
    View Post
    Is there such a thing as a "predisposition"? Yes, it's a word and it applies in any number of circumstances. But even if we presuppose that your neighbor is predisposed to complain about noise, that doesn't answer the question of whether your noise is or is not excessive. You are going to have no luck getting an injunction to prevent a neighbor from making noise complaints to your landlord. You are going to have no luck suing somebody for thinking that you are making too much noise and trying to seek redress through your mutual landlord.

    Work things out with your landlord.

    In Massachusetts, having a predispostion of something can be presented as evidence in court in a discrimination, harrasment, criminal, and other cases. Mostly they involve people having a predisposition against someone of a certain race, creed, nationality, etc. Having a predispostion to file complaints could result in loss of large amounts of money and my place of residence thus putting me on the street. I have spoken to the management company who has assured me that while she has had issues with numerous tenants in the past, they do not think it stipulates as to her having a predisposition to do so. I am wondering just how many complaints she has file din the past.
  • 09-20-2013, 11:06 PM
    kneadanswer
    Re: Neighbor is Making Noise Complaints About Us
    How old are these apartments, How long has this woman lived in this lower apartment, how old is she and what kind of noises is she claiming you are making? you can do a few things:
    1.
    Work with managemaent to let them know she is complaining about everyday noises from a second floor unit (maybe there is something wrong with the floor) unless they have rules that you have to be extra quiet while living on the second floor or they will tell you more about why she complains.

    2. Ask the woman to please write down the time and date & description of noise and present it to you each & everytime she hears something. Either she will or won't which will tell you how serious she is - compare with complaints sent to office. Either way she may get tired of complaining.

    3. Choose a day or weekend not to be home, make it obvious that you are leaving (make some noise so she hears it) hang around outside, If she is writing you about all noises let her know you were'nt home specialy if you see her putting the note on your door. Check with the office to see if she made more than one complaint that day. Have witness to vouch that you wern't home or video tape it. . . . . OR

    4. Bring her flowers one day and wish her a Bright Beautiful Blessed Day, smile and walk away!
  • 09-20-2013, 11:47 PM
    Mr. Knowitall
    Re: Neighbor is Making Noise Complaints About Us
    Quote:

    Quoting tmacj19
    View Post
    Actually the neighbor came up and spoke to us a DAY AFTER she comlained to the management office. Her exact words, " I've had issues with multiple tenants who have lived above me in the past".

    So, once again, deal with your landlord.
    Quote:

    Quoting tmacj19
    In Massachusetts, having a predispostion of something can be presented as evidence in court in a discrimination, harrasment, criminal, and other cases.

    Tossing out the word "predisposition" carries absolutely no legal significance, and were you to actually look at Massachusetts case law you would find that the term is used infrequently and not in the manner you suggest. Your belief that the word "predisposition" has a magical significance that can turn your gripe against your neighbor into a windfall victory in the lawsuit lottery is not grounded in reality.

    Meanwhile, you can read about how Massachusetts courts treat character evidence here.
  • 09-21-2013, 12:02 AM
    Jack Jackson
    Re: Neighbor is Making Noise Complaints About Us
    OP could record her apartment .. if the neighbor complains and the recording shows evidence that he/she lied - show it to the LL.

    Simple audio recorders are cheap and inexpensive to run ...
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