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  1. #1

    Default Intolerable Outdoor Noise in Texas

    My real question is: Where exactly can I view the actual law pertaining to quiet enjoyment?

    Long story short, I'm gathering everything I can find to present to the manager of this complex in order to get out of here. The noise is just incredible. My apt. faces onto a courtyard where anywhere from 4 - 40 kids gather daily to play football and scream blue murder. The courtyard's small (maybe 50 yards square) and enclosed by high brick walls, so there's a serious acoustic effect. Let me put it to you this way: no matter how loud my TV is, I can't hear it. This is also a studio apt. so I can't go hide in another room. Nor do I think I should have to, even if I had the option.

    I've been complaining since May 2005 to no avail; she keeps telling me to call security, I point out that security never shows up, she tells me to email her when I do call security, I email, she acknowledges, and nothing further happens. This being Texas, it's warm enough here for them to play outside year round - although it's worse in the summer, when it starts at 7 a.m. and goes until 11 p.m.

    Lately, the footballs have been smashing into my windows, but even that isn't enough to get anything done. I asked who exactly would pay for the repairs if one ever breaks through (or to replace anything that the football hit once in, any hospital bills if I got hit by flying glass, replacing anything stolen while I was in the hospital with a huge broken "walk-right-in" window, and my rent if I were hit badly enough to be out of work for a while), and she said they don't know the kids' names or even if they live here, and security would have to get their names. I have yet to see a single security person show up, so that's no help.

    So, I want OUT. I can't take this anymore. She knows this, and is telling me that I need to pay 85% of the remainder of the lease, PLUS reletting fees. I contend that she's failed to live up to her landlord responsibility of "right to quiet enjoyment", and I shouldn't have to, or she should at least be reasonable (this place will be rented in a month, no problem). I wouldn't be moving if she'd done something, anything, about the noise.

    Anyway, I want to know where I can find, online, the "right to quiet enjoyment" law, so I can add it to the pile, which so far consists of all the emails from me to her about this issue, a 60 minute recording of the pandemonium, printouts from the TX office of the attorney general, affidavits from neighbors proving my point, affidavits from visitors doing the same, and pics of the mob gathered outside my door as well as playing football in this too-small, enclosed space. It's just one more item, really, but every little bit helps. I don't want to sue her, I just want to get the **** out of here, and she is not at all willing to be reasonable.

    Worst comes to worst, I'll talk to her corporate masters, call a lawyer, whatever it takes. I'm not kidding when I say this is intolerable. It's like living in a war zone. I've even called the police, but the police tried to arrest me for confiscating the ball that hit my window - which I confiscated to show them. No help there.

    A little bit of irony for you: When I first showed up to see about renting, she bragged about how quiet the complex is, and how wonderful a view I'd have, living on the courtyard. I don't think she and I have the same definition of "quiet", but I believe that'll change after I bring my stereo into her office and refuse to leave until she's heard the entire tape of these kids.

  2. #2
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: TX - intolerable outdoor noise

    Quote Quoting AbracaDeborah
    View Post
    My real question is: Where exactly can I view the actual law pertaining to quiet enjoyment?

    Long story short, I'm gathering everything I can find to present to the manager of this complex in order to get out of here. The noise is just incredible. My apt. faces onto a courtyard where anywhere from 4 - 40 kids gather daily to play football and scream blue murder. The courtyard's small (maybe 50 yards square) and enclosed by high brick walls, so there's a serious acoustic effect. Let me put it to you this way: no matter how loud my TV is, I can't hear it. This is also a studio apt. so I can't go hide in another room. Nor do I think I should have to, even if I had the option.

    I've been complaining since May 2005 to no avail; she keeps telling me to call security, I point out that security never shows up, she tells me to email her when I do call security, I email, she acknowledges, and nothing further happens. This being Texas, it's warm enough here for them to play outside year round - although it's worse in the summer, when it starts at 7 a.m. and goes until 11 p.m.

    Lately, the footballs have been smashing into my windows, but even that isn't enough to get anything done. I asked who exactly would pay for the repairs if one ever breaks through (or to replace anything that the football hit once in, any hospital bills if I got hit by flying glass, replacing anything stolen while I was in the hospital with a huge broken "walk-right-in" window, and my rent if I were hit badly enough to be out of work for a while), and she said they don't know the kids' names or even if they live here, and security would have to get their names. I have yet to see a single security person show up, so that's no help.

    So, I want OUT. I can't take this anymore. She knows this, and is telling me that I need to pay 85% of the remainder of the lease, PLUS reletting fees. I contend that she's failed to live up to her landlord responsibility of "right to quiet enjoyment", and I shouldn't have to, or she should at least be reasonable (this place will be rented in a month, no problem). I wouldn't be moving if she'd done something, anything, about the noise.

    Anyway, I want to know where I can find, online, the "right to quiet enjoyment" law, so I can add it to the pile, which so far consists of all the emails from me to her about this issue, a 60 minute recording of the pandemonium, printouts from the TX office of the attorney general, affidavits from neighbors proving my point, affidavits from visitors doing the same, and pics of the mob gathered outside my door as well as playing football in this too-small, enclosed space. It's just one more item, really, but every little bit helps. I don't want to sue her, I just want to get the **** out of here, and she is not at all willing to be reasonable.

    Worst comes to worst, I'll talk to her corporate masters, call a lawyer, whatever it takes. I'm not kidding when I say this is intolerable. It's like living in a war zone. I've even called the police, but the police tried to arrest me for confiscating the ball that hit my window - which I confiscated to show them. No help there.

    A little bit of irony for you: When I first showed up to see about renting, she bragged about how quiet the complex is, and how wonderful a view I'd have, living on the courtyard. I don't think she and I have the same definition of "quiet", but I believe that'll change after I bring my stereo into her office and refuse to leave until she's heard the entire tape of these kids.
    She'll let you out of the lease when you play Iron Butterfly's "Inagoddadavida", all 21 minutes of heavy drum solo!!

    Da, da, da da da da, da da da . . .

  3. #3

    Default Re: TX - intolerable outdoor noise

    You know, if you're going to be not at all helpful, at least spell the name of the song correctly. Two annoyances in two sentences when I'm already rather testy is a bit much.

  4. #4
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: TX - intolerable outdoor noise

    Quote Quoting AbracaDeborah
    View Post
    You know, if you're going to be not at all helpful, at least spell the name of the song correctly. Two annoyances in two sentences when I'm already rather testy is a bit much.
    I'm sorry, I could hear you. The quiet here is just deafening!!

  5. #5

    Default Re: TX - intolerable outdoor noise

    Do you have some kind of problem with me? This passive-aggressive "oh, I didn't mean anything" style of baiting is rather limp, if so.

  6. #6
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: TX - intolerable outdoor noise

    Quote Quoting AbracaDeborah
    View Post
    Do you have some kind of problem with me? This passive-aggressive "oh, I didn't mean anything" style of baiting is rather limp, if so.

    Hey, I'm only following your adult lead; i.e., "but I believe that'll change after I bring my stereo into her office and refuse to leave until she's heard the entire tape of these kids."

    But, I imagine you "didn't mean anything" with your "style of baiting."

  7. #7

    Default Re: TX - intolerable outdoor noise

    I'll just ask you straight out. What is it you have against me? Is it because I'm objecting to children's noise? Would you be this hostile if it were a nightly uproar of drunks? How about fights? How about stereos? Would it be okay, then, to bring in a recording to prove that it is, indeed, extremely loud?

    Wow, must be nice in that quiet place you live in. I used to. I used to be able to be sick, and take a nap. That was nice. These days, if I get the flu, I check into a hotel so I can get some sleep. I used to be able to study, and that was nice too. But then, who am I to expect that I can prepare for my physics test? Silly of me! Pick-up football is way more important than my masters of science degree! And this courtyard is far superior to the 2 acre park that's a block away! A whole block away!

    Also, nobody in their right mind would have a problem with the balls slamming into their windows every other day, and the kids (who are 8 - 15) screaming, "F*ck yeah! You hit a window! All right!" - hey, kids will be kids! They're our future!

    Yeah. Must be nice in that fortress of solitude and quiet you've got. Would you care to trade? Somehow, I doubt it.

    I also somehow doubt that your major objection is to my saying I'd bring in my stereo, but I'll operate on the premise that it is, and not that you have a problem with my not liking shrieking kids. You know what? Nothing else has worked. I have no peace. None. It's dark out now, has been for an hour, and it's still total pandemonium out there. Where are these kids' parents? Nobody knows. They don't live here, and that's all anyone knows.

    When am I supposed to study? Should I get up at 2? That's going to be problematic, since I'm working my way through school. I do need sleep sometime, strange as that may seem. Currently, I get about 5 hours per night. That might seem excessive to you, for all I know.

    If I have to demonstrate to her what it's like, then that's what I'm going to do. I am not going to spend thousands on tuition, books, and other fees, just to flunk out because there are vocally incontinent kids outside that she refuses to do anything about. I have worked too hard, too long, and given up far too much, and I have rights too.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: TX - intolerable outdoor noise

    Have you ever contacted the police for enforcement of any applicable noise laws or ordinances?

  9. #9

    Default Re: Intolerable outdoor noise in Texas

    I tried that. Didn't work. Dallas being the current violent crime capital of the States, I guess they feel that they have better stuff to do.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Intolerable outdoor noise in Texas

    Do you at least have neighbors who would testify as to the noise level?

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