Hi from NY,

These people moved in above me about a year or 2 ago. They have 2 kids, about 3-4 years old. Constantly, they run around and pound on the floor like crazy. The furniture in my apartment shakes. I wonder if they are throwing bowling balls. In fact, there are several people in the building complaining about them. These kids run in the hallways, bang on doors and run in the driveway. I have to live below them.

I've been up there twice maybe 3 in the past year. They have no carpeting and the parents, barely speaking English, say the kids can do what ever they want.

I've told the land lord. So did some other tendants. He said he'll do something about it. Never did.

What, if any, are my options? What could I tell a lawyer? I have been approached by fellow tenants that if I needed them as a witness, they will be more than happy to help.
Can I have them or the building have the ceiling sound proofed?

Thanks for your time and help!

Have you thought about moving?? I don't think that it is in any way illegal to have noisy kids. -- Ace

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Originally Posted by KFrankie

Hi from NY,

These people moved in above me about a year or 2 ago. They have 2 kids, about 3-4 years old. Constantly, they run around and pound on the floor like crazy. The furniture in my apartment shakes. I wonder if they are throwing bowling balls. In fact, there are several people in the building complaining about them. These kids run in the hallways, bang on doors and run in the driveway. I have to live below them.

I've been up there twice maybe 3 in the past year. They have no carpeting and the parents, barely speaking English, say the the kids can do what ever they want.

I've told the land lord. So did some other tendants. He said he'll do something about it. Never did.

What, if any, are my options? What could I tell a lawyer? I have been approached by fellow tenants that if I needed them as a witness, they will be more than happy to help.
Can I have them or the building have the ceiling sound proofed?

Thanks for your time and help!

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You really have no option other than to pressure the landlord to evict them or you could move.

I don't see a Lawyer getting involved other than a letter to the landlord breaking the lease because of the conditions or a letter to the tenants telling them to be quiet - but that will probably only make it worse. If it gets bad enough you could call the Police but they "usually" hate these tenant disputes.

No, the landlord cannot be forced to soundproof anything nor can the tenant.

Ok, what are they doing illegal to make a landlord evict ?

If they are making noice past normal day time hours, you can call the police, and may try calling the police but if the kids are merely being kids, two young kids will be noisy. A landlord can not discriminate against families.

I'd try calling the police, if it was only you (directly below them I assume) that was annoyed you'd have to deal with it but if they bother multiple tennants call the police and file a complaint, after a few complaints they might move to avoid being hassled.

This happened to me, someone across the hall used to run a daycare out of their apartment and the hallway was used as a playroom. After 2-3 complaints they stopped and moved out at the end of their first year of lease.

I think getting the police involved is most likely the right thing to do in the near future.
Sometimes it happens after 11pm and on rare occasions, I hear screaming. There could be abuse but I'm not getting involved.

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Originally Posted by KFrankie

I think getting the police involved is most likely the right thing to do in the near future.
Sometimes it happens after 11pm and on rare occasions, I hear screaming. There could be abuse but I'm not getting involved.

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You don't have to get involved - if you believe someone is being abused you call the Police. Let them sort it out.

The screaming and calling the police does not always work. In Florida the police would ask the caller if they SAW any abuse. If the caller said they could only hear the screams with no one outside hitting/striking a child causing the screaming, they refused to come. Just screaming is not good enough for some police departments so don't be surprised if they don't come to see what the ruckus is about.

Unfortunately having obnoxious kids isn't against the law.

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Originally Posted by twinkiedooter

Unfortunately having obnoxious kids isn't against the law.

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Falling on the floor! (I'm surprised the obnoxious kids are creating havoc at home. Aren't most of them shopping these days, usually in the same store I happen to be in.)

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Originally Posted by KFrankie

These people moved in above me about a year or 2 ago. They have 2 kids, about 3-4 years old. Constantly, they run around and pound on the floor like crazy....... What, if any, are my options?

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Hello K:

Your options are to move...

If you wished to live in an adult community, you could have chosen to do so. You didn't. You also chose to live in a building where the management isn't responsive to YOUR needs. That again, was something YOU chose to do.

Therefore, in my view, these children have as much right to LIVE and PLAY in their apartment, as YOU do in yours. Yes, they're noisy. Hard wood floors make it even more so. But, that's not their fault.

Screaming equals abuse?? You got to be kidding me! 3 and 4 year olds scream at least twice a day - even if they're told to eat their veggies.

excon

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Originally Posted by JudyKayTee

Falling on the floor! (I'm surprised the obnoxious kids are creating havoc at home. Aren't most of them shopping these days, usually in the same store I happen to be in.)

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Those little so and so's follow me around WalMart all the time! Had 3 obnoxious teens in front of me Saturday that would have won the obnoxious award hands down. Who needs 3 and 4 year olds when you have 15 and 16 year olds instead? If I were their mother I would have divorced them years ago or left them on daddy's doorstep and RAN!