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    justrose's Avatar
    justrose Posts: 1, Reputation: 1
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    #1

    Apr 15, 2011, 10:42 AM
    What is the legal procedure for suing my landlord?
    I live in an apartment complex with 7 other tenants. I live in apt b-4, my complaint is against the people in b-8, directly above me. They are loud, play music loud up until 4am. They have numerous people coming and going during the night time hours. We have a rule that noise must be turned down at 10pm. My son has to get up at 4am for work. I am on disability and had to have my medication increased in order to sleep. I have filed 3 noise complaints, with no response, I wrote to the owner of the complex, also no response. In my lease, under section 12 it say, and I quote.. 'nusisance by tenants and guests.. if tenant or tenants guests cause unreasonable interference with the peaceful and quiet enjoymenr of another tenant's apartment, the landlord will start legal action against the disturbing tenant. ' I have had the police here at my apartment, and they hear the noise and do nothing. I have called my congressman.. no help again. Where do I go.. at this point do I hire an attorney, which I can't afford, or is there an agency that helps. Thank you, justrose..
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Apr 15, 2011, 11:36 AM

    You don't sue the landlord because of a noisy neighbor... you call the police on the noisy neighbor. And it might take a few times. There are noise regulations in every community that define what is acceptable and when. They aren't as arbitrary as one persons opinion will be.

    Absent any police reports to the contrary on that tenant... the landlord can say you are overly critical.

    If you HAVE been calling the police... did you take those reports to the landlord. If you haven't that's the next step you should take.

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