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rabbithare · Nov 10, 2006, 09:49 AM

Background...

I have lived in an upstairs apartment for about 6 months and the first day the down stairs neighbor told me that the guy who lived above him was noisey and 'slamed' around weights in his apartment and that he could hear it. Two days after I moved in (the day the movers came) the guy asked me to stop moving my furniture because it 'knocks' the pictures off his walls and 'scares' his cat. Two weeks later I had gotten the bottom step replaced on our stairwell cause it was loose and he said "thanks for raising the rent". Two months ago he called me in at 3:00pm because I was making noise... I wasn't even home. Last week I got called in again at 5:15pm because I droped a pan on the floor while doing dishes. (all of this and he waits behind my truck when I come home for 15 min two different times, while I am on the phone, Just to ask me what my fish (Jesus fish) on the back of my truck mean)

Now here is where my questions comes in to place. Last night at 8:30pm I did the dishes and my sink has just recently (two days) have been dripping non-stop and filled up my sink and over flowed the sink leaking onto the floor. I was awaken at 10:30 pm only two hours later and it was the mantence gal that said that I had a leak and came rushing in to make sure there wasn't a leak in the pipe line. Then finding that it was the sink that had over flowed. She stated that it was leaking into the neighbors apartment below me and there was A LOT of water. Now how is it that in two hours that a small drip from a sink made it's way to the neighbors down stairs so much so that they have that much water? Wouldn't that mean that there isn't a lot of stuff between the floors? (and that would explain why he can hear every time I walk arcoss the floor) and will I have to pay for the leak?

excon · Nov 10, 2006, 10:20 AM

Hello rabbit:

The only thing you could be faulted for is NOT calling the landlord when the leak first happened.

However, it is the landlord's pipe that was leaking, and the landlord is responsible for the damage. Apparently, the landlord has not tried to accuse you, as of yet. Uhhh, beware. It's coming. Be polite, and ask them to make their claim in writing.

Let us know if they do.

But, you've got bigger problems than that. I think you've got to move, in any case, unless you can put up with the bully. If you can't move, and want some advice on to how to handle him, (and it won't be to put it in the Lords hands) I'll be more'n happy to help.

excon

rabbithare · Nov 10, 2006, 11:12 AM

I am unable to move as it will cost $1500 to move out (breaking the lease) and around the same to move in to a new place (first last deposits... give or take a few hundred) costing around $3000 to move.. I do not have that kind of money. I will be having a baby and wonder how the jerk will handle that... YES PLEASE SOME ADDICE WOULD BE GLADLY TAKEN!!

ScottGem · Nov 10, 2006, 11:21 AM

As excon correctly pointed out, you should have reported the leak immediately. If you didn't, then the landlord can (and rightly so) hold you responsible for any damage due to the overflowing. However, if you DID report it and the landlord didn't fix it, then you are not responsible.

If you are responsible, your renter's insurance may cover the damages including those downstairs. You should contact them immediately to have an examiner assess the damage.

As for the thinness of the floors allowing the damage, as long as the building is doesn't violate building codes, that's not a factor.

As for the PITA neighbor, once this matter is all settled, I would explain to him that you are sorry the floors are so thin, but no matter how thin or thick they are, there is going to be some noise when you live in a downstairs apartment. Tell him you will do your best tio reduce the noise, but you have to be able to live as well. And as long as you don't make excessive noise at unreasonable hours, you would appreciate that he stop harassing you about it.

rabbithare · Nov 10, 2006, 11:26 AM

There wasn't any damage in my place and I am yet to see what has happened in the neighbors place.

That is some good advice on how to deal with the neighbor. Thank you and I will get back to you as soon as I know what the out come is.

ScottGem · Nov 10, 2006, 11:36 AM

Whether there was damage to your place or not, if you have renter's insurance, you should put in a claim immediately so an adjuster can assess the damage.

MicaM · Nov 10, 2006, 01:33 PM

It sounds to me like this old guy has complained about every person who has
Ever lived above him.
So the landlord has heard his complaints before, for sure.

I would call the landlord and say this man is harassing you
Claiming you are making excessive noise.
You do not want him to further harrass you when your baby arrives
As babies DO cry!
You want his harassment to stop.

Then just live your life and ignore his complaints.
If he calls on the phone Hang Up on him.

I think all the other posters gave you fantastic advise on the leak.

Just wanted to touch bases on the guy who is harassing you
Without just cause.
:-)

ScottGem · Nov 10, 2006, 01:47 PM

Whoops, missed on the baby. Are you showing yet? That could be a reason for a step up in complaints. Frankly, I would get thick carpeting for your apt, otherwise this guy will be constantly on your back. But, as I said earlier, he has to realize that he can't live in a downstairs apt and expect silence. You have a right to your life.

rabbithare · Nov 10, 2006, 02:25 PM

Originally Posted by MicaM

It sounds to me like this old guy has complained about every person who has
ever lived above him.
So the landlord has heard his complaints before, for sure.

I would call the landlord and say this man is harrassing you
claiming you are making excessive noise.
You do not want him to further harrass you when your baby arrives
as babies DO cry!
You want his harrassment to stop.

Then just live your life and ignore his complaints.
If he calls on the phone Hang Up on him.

I think all the other posters gave you fantastic advise on the leak.

Just wanted to touch bases on the guy who is harrassing you
without just cause.
:-)

The darn thing about it is that he is calling the LL about my 'noise' and therefore I will get charged if he calls on me again. How a slamming door at 3pm and a pan dropping at 5pm is a noise disturbance I am unsure.. but I am afraid of what will happen. I have talked to the apartment complex about this and they seem like I am more of a bother then anything else. :(

Thank you though for your addvice... I will keep it in mind. I guess I will have to start to be a tough guy about things. *SIGH*

rabbithare · Nov 10, 2006, 02:27 PM

Originally Posted by ScottGem

Whoops, missed on the baby. Are you showing yet? That could be a reason for a step up in complaints. Frankly, I would get thick carpeting for your apt, otherwise this guy will be constantly on your back. But, as I said earlier, he has to realize that he can't live in a downstairs apt and expect silence. You have a right to your life.

I just started showing.. and maybe not even to him... as I wear coats and things while I am out and about. I would understand that.. he would want to kick me out cause he wouldn't want to hear the baby... but like you've said... I HAVE A RIGHT TO LIVE.. and the BABY HAS A RIGHT TO CRY!

ScottGem · Nov 10, 2006, 05:36 PM

Originally Posted by rabbithare

The darn thing about it is that he is calling the LL about my 'noise' and therefore I will get charged if he calls on me again. How a slamming door at 3pm and a pan dropping at 5pm is a noise disturbance I am unsure.. but I am affraid of what will happen. I have talked to the apartment complex about this and they seem like I am more of a bother then anything else. :(

Thank you though for your addvice... I will keep it in mind. I guess I will have to start to be a tough guy about things. *SIGH*

Yes you need to counter the complaints. You need to complain about his harassment. Point out how petty his complaints are. You might want to check into local laws about harassment.