Can tenants get evicted from their apartment for being loud?
We have apologized verbally and in writing for any noise we have made Since our last notice we have been quiet. Often it is our friends who visit. We do pay rent on time and are deeply sorry for any noice disturbances. My fiance tends to have a loud speaking voice as well. I hope we can remedy this and not be homeless.
How long should you live in a rented apartment or home before the landlord begins to think "you should really be moving on"?
Need more info as to why he says this to you. I have one theory, to increase rent with a new tenant to whatever they want. If he increase the rent with you it can bring legal problems should you this route. They want to avoid the possibility of this happening & bcse thethe eviction y know they'll lose.I would contact your Landlord Tenant Board(LTB) & find out what the law is on eviction. How many days notice is required & if the eviction must be on LTB form. There are many LL's who don't know LL/Tenant laws, even the basic ones such I stated above especially when it comes to eviction.I know, our LL pulled the same stunt, evicting to make more money. In Canada our rent is controlled m, LL can only increase by 1.8%. We hadn't had a rent increase in the 7 yrs here. He asked for a meeting, I knew immediately it was about rent.The whole time we've paid on time & we're quiet people. My husband is a handy person & helps with repairs, cutting the lawn, snow shoveling & even renovated the above unit at half of what it would of cost to hire someone. We got along great.The LL tells us he wants to increase by $500, we flatly refused. We negotiated & came to an agreement.Just watch, make notes of everything with the date/time & what occurred. Whether it's repair problems, the conversation he had in your question or eviction, take photos. I can't stress enough, take notes. Should it go legal you have evidence.Due to different circumstances we ended having to take the LL to LTB hearing. It took 4 hearings before the judge rendered a decision. She disliked the LL, knew he was trying to scam, first 3 hearings were thrown out for stupid errors the LL made that he should of known. the judge told him the same thing. What helped tremendously was all the evidence I had, size of a small book, LL brought 3 pieces of paper. The LL thought it was a slam dunk, the judge would tell us we need to evict. When the LL started this all, I made notes of every little thing I could remember. Took pictures of everything. The judge was impressed with all the evidence I had. Each time we came before the judge she knew immediately who we were, remembering the LL & his stupidity.
Can we get evicted from a rented apartment in NY if a neighbor lies about noise?
No. In order to evict a tenant for creating a noise disturbance or a nuisance condition, a landlord must have sufficient evidence to prove its case. A neighbor's complaint, truthful or not, is not enough. It is extremely difficult, expensive and time consuming for a landlord to bring any legal action against a residential tenant, especially for a minor "quality of life" violation of the lease as opposed to, say, non-payment of rent. These cases are brought only in the most extreme circumstances, where a landlord has a compelling reason to remove a tenant from its property during a lease term. Unless it involves a rent-stabilized tenancy, the landlord can solve the problem simply by refusing to renew the lease of the offending tenant rather than go through the effort and expense of a legal case.The legal procedure can be found in your lease. You must be served notice that you are [allegedly] in violation of your lease and given time to cure the violation condition. At that point you could simply inform the landlord that the violation has been cured (you are no longer making noise that would disturb other tenants). Unless the landlord could prove otherwise, that would be the end of it.
My upstairs neighbor threatened to file a complaint with our condominium HOA because they could hear my (low volume) TV after 12am. What (proactive) measures can I take to ensure I am not evicted?
There are no proactive measures to take because you cannot get evicted.A condominium is a form of ownership, not a tenancy which could result in an "eviction." Ownership of a condominium is subject to by-laws and rules and regulations contained in the Offering Plan.If the rules are violated (based on your description no rules were violated) then the HOA has remedies such as imposing financial penalties which are assessed against your unit's maintenance or common charges. You cannot be evicted from a condominium unless you are renting it from the owner. In that case, only the owner can evict you, not the HOA. What you can do is write a letter to the HOA documenting the fact that you have been contacted by the upstairs neighbor regarding noise, despite the fact that no sounds are eminating from your unit above a television at normal volume.Request that they visit the unit upstairs to see if they can also hear your TV when it is on at normal volume. If they can, then there may be a remedy to apply such as carpeting or other sound barrier. If they can't hear it then they will know that the neighbor's complaints are not valid or the neighbor is too sensitive to normal sounds at normal volumes.
Harassed by neighbor and now eviction ?
Sorry snoring is not against the law by any measure and YOU were the one in the wrong here. That having been said, I would speak to a lawyer (legal aid if necessary). Perhaps a phone call to the landlord is all that will be necessary. If you've otherwise been a good tenant (ie: paying rent on time w/ no other problems) they might be interested in working this out. You'll probably have to apologize to your neighbor and agree to leave him alone. In the alternative, maybe your landlord will let you break the lease and move out without a formal eviction. He won't have to go through the trouble of going to court to evict you and you won't have an eviction on your record when you go to rent again. If you're determined to fight the eviction talk to a landlord tenant attorney or legal aid attorney (they really do fantastic work) if you can't afford one. A notice of eviction is not final. You can usually challenge it in court Good luck, but don't be such a jerk to your neighbor next time.
My new neighbors keep trying to get me evicted, should I just move?
Don't you dare move. You don't owe your neighbors any explanations. If you're paying your rent on time and the landlord knows that you aren't doing anything in violation of your lease or the law, then you have no reason to feel guilty. Your neighbors are in their eighties and they may simply dislike having a younger person around. I am not sure about the demographics of the other tenants, but that may be the main problem that they have with you. It's also not uncommon for people to simply become disagreable and contrary when they reach a certain age. My great aunt is very much like that. There is no pleasing her and she believes that because she has reached a certain age that she is always right and that she can say and do whatever she pleases. Honestly, we pretty much let her do it. But, we wouldn't let her do it to you if you lived in her building. It's really too much and elders or not, your neighbors crossed the line a long time ago. They are basically using the landlord to harass you and they can't do that. I would suggest that you write down every incident that you have had involving them since you have moved into that apartment. Continue to do so as incidents occur if they do occur again. My guess is that they will try it again and involve the landlord. I would suggest that the next time that you speak with the landlord that you let him or her know that you have been a good tenant, are following all rules and that you pay for the housing space not for the harassment and the abuse. The landlord is being used as a messenger between you and your neighbors, so have him relate another message to them next time - if they continue harassing you, you will file a formal complaint with the proper authorities. It happens every single day and you deserve to live in peace. The landlord may very well put his or her foot down, because no landlord wants a court proceeding or their name showing up on civil service documents regarding a complaint. Your landlord does not want to be implicated in any kind of legal proceeding and bear witness to the many incidents that can translate easily into harassment. In the meatime, say hello when you pass them by in the hallway and when they ignore you each and every single time, it will be one more thing in your favor.
Roommate wants to throw party this weekend after neighbors complained to our landlord last weekend?
You have a right to be concerned. If the party occurs, the police knocking on the door is the least of your concerns. Your big problem is that the second complaint in a week could easily get you evicted. Worse, your next apartment will look at your rental history and find the eviction. This will make it really difficult for you to rent another place. Your best hope is to use the landlord. Have him provide a warning of eviction if the party is held. And, make sure the landlord knows that you're against this so that (s)he issues an eviction for your roommate only (rather than all of you).
Can I get evicted from my apartments for being "rude". Advice asap!?
Ok, So I get complaints from my neighbor that lives below us. She is very unreasonable and on our lease it says that after so many complaints we can get kicked out.But the thing is the complaints are about me moving my chair in my kitchen which obviously I have to do in order to sit down.She complains about us walking around our apartment which is ridiculous for one those walls are extremely hollow. For example I can here my neighbors clearly having a conversations. Almost word for word. It now seems as the manager is picking on us for the fact that we are the youngest couple. she has in fact called irresponsible with no actual reason aside an opinion of her own. I pay my rent on time. I do whatever I can to be courteous to the other tenants. I don't go around complaining because I have to be reasonable and I do know that there will be a certain amount noise for that fact that there are multiple large families living in this complex. But my real issue was that we had a few friends over it was 8:30 there were kids still out playing on the playground running up and down the stairs yelling and the neighbor again complained but the fact was none of us were inside except for myself my son and a friend the others were out on the balcony smoking as we have been told to do instead of smoking outside our door. She then came to my door and said all these people need to be inside people have complained about loud noises when in fact there were kids out still playing my friends were out smoking were we have been told we were allowed to smoke. But I've been so tired of her picking on just us and she had an attitude and I was not being rude at all. I simply stated facts and calm as I could possibly be I told her I'm tired of her belittling me as if I some little girl who is breaking every rule. And she went off saying she has been so nice to us and pretty much threatened us with "do you want a 40 day notice" and that she was calling the cops on us and I was rude which I was not at all. Today I got a note saying the next complaint we will be receiving a three day notice. I feel belittled and picked on I feel as if I am being treated unfairly. But I will be talking to her and stating the situation on our half but if she were to say that me doing so was being "rude" can I really get evicted. She is unreasonable and is quick to tell us she is take extreme measures. Please let me know asap.
Can you get kicked out of your apartment?
Living in California or any place else in the United States, if a tenant is a nuisance, by having a party with loud music. If this has been a habit of having parties with the neighbors complaining then yes the landlord would be within his rights to evict these noisy tenants. The inability of your boyfriend's parents to have enough funds or a job to move is of no consequence to the landlord. Your boyfriend has not been a good neighbor with the loud parties. There are probably other things that are involved such as normally at these type parties the participants park all over the place to include private parking areas as well as drive ways. Then when asked to remove their cars take offense with the person asking them to move. Since the landlord is evicting your boyfriend, apparently this is not the first time your boyfriend has had a party. Normally a landlord would not evict a person for having one loud party. The police was probably called several times. The neighbors would probably put up with one loud party without consequences. Your boyfriend brought this on himself. He might have thought of where he and his family would live prior top making the decision to have this loud party and being evicted and out on the streets. I hope this has been of some benefit to you, good luck. "FIGHT ON"
How can I deal with another tenant who wrote me complaint letters, saying that my walking around at 8 a.m. disturbs her sleep? She has rented her apartment for 41 years, and pays 25% of the rent I pay, due to the SF rent control.
We all have a relationship with our neighbors whether we like it or not, especially if we share sheetrock with them. And all relationships take work…ugh..A person is well within their right to walk around in their apartment, at the same time their activity isnt supposed to infringe on their neighbors quiet enjoyment of their unit.I would speak directly to the neighbors and be apologetic, see if their is some mutual ground. Maybe by some rugs or don't wear heals etc. If anything having a conversation humanizes the situation. People are easily annoyed and feel threatened by the activity of strangers ( a good example is people annoyed by other drivers). Once a touchy tenant knows, and hopefully likes the person behind the disturbance, they will feel empathy for them instead of threatened.Avoid the personal comments. It will only evoke a defensive reaction and extend the drama.Focus on a resolution and not winning.