Somebody I know has problems with a landlord. Tenants below them complain about noise going on everyday from 10 pm until 4 am in the morning. After one complaint. The landlord called up and said to keep it down if not they will have to take other action. No one complains for no reason and the rights of other tenants are very important. I know these people well. I know for a fact that noise does not happen. Could they really evict somebody because of another persons false complaint? Apparantly other threats were made by the land lord which were ungrounded.

pluckyflamingo

I think the only thing they can do is put out a noise compliant, unless otherwise. What does there lease say?

RickJ

The lease probably mentions it one way or the other...but situations like this are always tough. I'd suggest to your friend to go to the landlord and professionally and in a good temperment suggest that the noise must be coming from somewhere else...and invite the landlord to come to your friends apartment to hear for himself the next time a complaint is made.

ScottGem

Rick is right that they should contact the landlord and explain the noise is not coming from them.

However, if the complaints continue, then this is how I see it being played out.

Step 1: LL passes along continued complaint.
Step 2: Tenant responds by reiterating its not coming from them. They suggest the landlord hire a noise specialist to test.
Step 3a: Landlord has specialist check the premises and they confirm its not tenant, they may or may not dtermine where the noise is coming form or that it doesn't exist.
Step 3b: Landlord refuses to do testing
Step 4: Landlord starts eviction proceedings
Step 5: Tenant hires noise specialist on their dime, specialist confirms its not them
Step 6: At eviction hearing, tenant produces report from noise specialist and/or call them as a witness. Specialist testifies that tenants are not making noise
Step 7: Judge denies eviction

The idea here is to get the landlord to pay for the specialist. If they can't then they will have to pay themselves. They can later sue the complainant for the cost if they determine no noise existed.

Jesushelper76

The person I know said that they contacted manager themselves with a voice message and email, detailing what happened and how the landlord has been harrassing and threatning in a couple of occasions so far. This person has lived there for 3 years. They had no problem before. Then the new landlords came in. They acting like law and order. The previous landlord said these tenants below this person complained before but he did not take it seriously because he knew it was not legit. They even came up to the guys place and said that they are making noise from 10 pm to 4 am every single day which is untrue. Everybody is in bed by 10:30 pm and the guy comes home around 3 or 4 in the morning from work. I was there before and it is a noisy place. If this guy complained about the people above them, they would have already been out, but he does not complain.

Thank you for answering. I will pass off the info. I seriously doubt that their landlord would do the hearing test. I also know that the guy left a message with the landlord, saying that as far as noise going from one time to another time is false. To threaten eviction if they do not listen. He does not take to threats to well..

ScottGem

First, the apt manager is an employee or agent of the landlord, so it does no good to complain to the manager about the actions of the landlord. Second, it sounds like the building has changed hands and the old landlord did nothing about the complaints but the new landlords are making a stink.

Basically my scenario stands. They have to make a statement that the complaints are false. If taken to court they may have to prove them false.

TrueDelphi

I think that the above responses are correct.

However, it sounds like the tenants doing the complaining are a bit off.

If they should escalate - in other words, not just complaining about unfounded
noise complaints, but making threats etc. you need to know that the tenant being
threatened can (after lettting the landlord know of the threats) fully expect the
landlord to stop this harassment. If landlord does not stop the harassment, tenants can
now sue landlord.

Also I do not know if your friend needs a noise specialist. Why not turn on CNN or any other TV program in your area that has a continuously running time clock, and while the
clock is running, video the apartment (Keepiong the noise from TV muted of course)

This would show there is no noise. Then go to whatever place in the complex where there is noise from 10Pm to 4Am or whatever. And video record that noise.