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Can we be evicted for noise complaints?

By jennifer

Our downstairs neighbor clearly hates children. He keeps complaining to the landlord that my children are running and jumping even though they very rarely do, and I usually stop them quickly (due to his constant complaints). We were recently called and told that we would be served with a "final notice to comply" (although we haven’t seen it in writing), due to our children running and jumping. If they jump at all, it is only to get up from the floor to a standing position, and most running, when it occurs, is during the day (unfortunately one of the men who lives downstairs is not working and so is home all day). I am constantly having to tell them to stop running, and having to take them outside to run up and down the sidewalk, and it it very disruptive. Once my two year old daughter spilled some water on our balcony, and it dribbled onto their carpet. The man downstairs yelled "How stupid are you people, you have the whole balcony and you spill water right by the door and get my carpet wet."

Can we be evicted, and if so, how much notice do we have? Also, since our least doesn’t expire until August, if we are not evicted right away will they let us out of our lease early so that we can move somewhere less hostile?
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Edited on: Tuesday, April 30th, 2013 6:15 pm
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One Response to “Can we be evicted for noise complaints?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Murray

July 14th, 2012 12:30 am

The landlord is required to give you an eviction notice, usually it’s 30 days before an eviction. However, if the landlord is aware you have children and they only jump/run during daylight hours (usually 9am – 10pm) then the person downstairs really cannot complain as you probably aren’t violating your city’s noise laws (you might need to check this to see if you are, and for the times noise laws are in effect). The person below you needs to understand you have kids. The girl above me I’ve complained about only because they make absurd, loud noises AFTER 10pm throughout the night (such as moving furniture across the apartment like it’s an olympic sport, slamming doors, dropping heavy items). After enough complaints, they will get eviction warnings. However, this is only because it’s during hours where I have the right to enjoy a quiet apartment.

At the very least, suggest to the landlord you change to a bottom apartment and remain on the same lease terms if it comes to eviction.

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