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  1. #1
    Join Date
    Dec 2010
    Posts
    6

    Default Noise Coming from Above and Below

    My question involves landlord-tenant law in the State of: Indiana

    I live in a three story apartment complex so I have neighbors above and blow me. Both are a problem. For now I would like to simply focus on the neighbors below me who just moved in.

    They have progressed from banging music, to retaliating for making a noise complaint against them. I had previously asked them to keep the music down once and they obliged, but 2-3 days latter, they were back at it and worse then before. I called the cops, who was almost to lazy to get out of his cruiser to come stand on the sidewalk where I told him multiple times, that he would be able to make out the lyrics from there music. Begrudgingly he did and so did his ride along. I guess I lucked out because the music was gone. He said if they don't hear it, they can't do anything. Shortly after that the music was back up and stayed up till 3 AM.

    The next day I called the office to report both sets of neighbors. I informed the office I was recently diagnosed with high blood pressure and was on medication for it, which I had only started that week I believe, and informed her there music went on till 3 AM and nearly caused me to more or less have a nervous breakdown or put me on the verge of a heart attack. That got the job done for the most part. They have on occasion turned the music up, but so far it has not reached obscene levels, but still a slight nuisance from the thumping of the bass.

    The problem now, is retaliation I suspect. Since then I have noticed two things. One, the guy likes to get in his car,(Mustang GT with an exhaust I doubt is even street legal), or start his motorcycle(crotch rocket) and crank the the throttle from wide open to an idle back and forth very fast as if he was about to street race. The exhaust on the mustang even causes a slight vibration through the apartment floor when he gives it enough gas since he likes to sit in his car for about 5 min before he laves and rev his engine VERY LOUDLY over and over again at various times of the day. On top of that, when they come or go they slam there door VERY HARD. It is loud enough that if you are laying on the couch, you can feel the the thud of there door slam shut.

    I was on the phone yesterday with the property manager and said he was confused about which neighbor I had called to complain about over the weekend. It was the upstairs neighbor, but I did mention to him the revving of the engines and door slamming coming from below, but he really did not seem interested in that, only the upstairs neighbor.

    Do the things I mentioned here fall under the terms of Quiet Enjoyment? I may post the problems with my upstairs neighbor at a latter time to see if and how it applies in terms of quiet enjoyment, but seeing as I just spoke to the property manager about it yesterday I will try to give him the benefit of the doubt on this.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Noise Coming from Above and Below

    Your heightened sensitivity to noise due to a medical condition is not something that increases your landlord's obligations to you, or requires your neighbors to use their apartments in a less-than-normal manner. One of the problems of living in an apartment unit with neighbors above, below, and often also beside you is that at times (and in some apartments, pretty much any time a neighbor is home) you will hear noise through the floor, walls and ceiling.

    The music problem sounds like it has been resolved. Sorry, but occasionally hearing some bass through the walls isn't unusual due to the manner in which low sound waves travel.

    If motor vehicles are being conducted lawfully on the street and have lawful exhausts, I don't see how that can become an issue either for your landlord or the police. If there are special issues with people sitting in idling cars and revving the engines loudly, or safety issues, you can try speaking with your landlord about whether there should be community rules that address those issues (assuming nothing in the lease would prevent him from imposing a new, for example, "no idling in the parking areas" rules), although it's not clear that he would have an obligation to do so under the facts you've shared.

    It's possible that the door to their unit is noisy or that it sticks. That may be something that your landlord could repair, if in fact it's a maintenance issue. I've lived and worked in places where I had to close an exterior door pretty hard to get it to close and latch.

  3. #3
    Join Date
    Dec 2010
    Posts
    6

    Default Re: Noise Coming from Above and Below

    First thanks for the reply, sorry it's been awhile. Let me clarify. I will attempt to be brief.

    Quote Quoting Mr. Knowitall
    View Post
    One of the problems of living in an apartment unit with neighbors above, below, and often also beside you is that at times (and in some apartments, pretty much any time a neighbor is home) you will hear noise through the floor, walls and ceiling.
    This is not some noise though, this is excessive noise. The problem upstairs has been resolved, but for example, the noise would last for hours on end. Even the first floor tenants had mentioned them to us. They assured us it was clearly them, not us. Even getting a new roof put on the building was just as loud as they were. The roofers I can understand though.

    The music problem sounds like it has been resolved. Sorry, but occasionally hearing some bass through the walls isn't unusual due to the manner in which low sound waves travel.
    This was not some bass. This was loud bass until 3 AM.

    If there are special issues with people sitting in idling cars and revving the engines loudly
    Is that not what I described above? The problem seems to be that he is usually backed in with his exhaust facing the building typically lined up with our living room or bedroom window. If he is backed in, and parked on the far side of the lots it is very reasonable. To make matters worse he now, as of a week, maybe two, leaves at 4AM. His warming the car up routine usually lasts about 15 minuets and consists of him idling and revving the engine a few times when starting the car and again before driving. Keep in mind we are only about 5 feet above ground since the first floor sits partially below ground, and from our windows/wall to the curb of the parking spaces is about 7-8 feet.

    As for the motorcycle or should I say crotch rocket, that is even worse. While it does not have the deep rumble sounds, it usually goes on for anyways from 30 minuets to to 90 minuets. It may not be non stop, but its far more RPM in either case then is really needed, much less at 4 AM. It would be one thing to work on his bike, and hit 2-3K RPMS maybe, but were talking full throttle.

    I am sure you can use your imagination as to how loud the mustang can be. Think 2000, possibly a bit newer, Mustang GT stick shift with a high end flowmaster exhaust. Now think of this less then 10 feet from your window at 4AM.

    It's possible that the door to their unit is noisy or that it sticks.
    I am certain that is not the case. On a rare occasion, maybe 1/10 times if we are lucky, they do not slam the door. If they can get by with it that 1% of the time, I think its possible to do it 99% of the time. Accidents do happen after all, such as drafts for example.

    If you need further clarification just ask.

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