Apartment Chat

A Prisoner at Home, Where Every Little Thing Becomes a Noise Complaint

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Saturday, April 5, 2008

Adapted from Apartment Life, Sara Gebhardt's online discussion about rental issues.

Q Alexandria: I think there is something wrong with my neighbor downstairs. For the past few weeks, I have come home from work to find notes on my door about how much noise I am making. The thing is, I'm not home from 8 a.m. to 6 p.m., and I live alone. On weekends, I can't do anything without complaints from her.

My apartment is fully carpeted. I can't vacuum, run the dishwasher or do the laundry without her telling me I need to stop. She has even called the police a few times when I have been doing laundry at 8 p.m. or later. The management company has gone in to see if the problem is structural, but they can't find anything.

I have lived in this apartment nearly six years and have people above me, below me and on either side. I have never gotten other complaints. I feel as if I am virtually a prisoner in my own apartment. I don't want to move. Any other ideas?

A: Okay, so your neighbor is hearing things. Why do you feel like a prisoner? Your building's management knows you're not to blame for her complaints, right? What you should do is complain to management about these complaints. Make it clear that they need to deal with her so that you can go about your life without thinking she will call the cops on you.

And maybe you're right -- maybe there really is something wrong with your neighbor. You could always begin your discussion with management that way, in hopes that they are compelled to investigate. Six years and no other complaints seems like enough to persuade them to help give your neighbor some sense about what constitutes a real noise violation in an apartment.

Georgia: The owner of our rental house has decided to sell if we don't plan on renewing our lease, and we don't. Our lease states that we have to be available for appointments the rental company or the owner makes with us. That's fine.

However, I'm concerned with the possibility of them installing a lockbox on our house, as I am a stay-at-home mother with a 6-month-old and have some trouble keeping the house in perfect order all the time. Plus, I don't like the idea of strangers traipsing through while she's napping or I'm nursing. What's the normal protocol for situations like this?

And what if a potential buyer asks me how living here has been? The construction is awful -- it's less than a year old and already falling apart. The owner has been less than helpful when we've requested that things described in the lease actually be present in the home, so I'm tempted to be honest.

A: Ideally, you would have a situation in which the owner instructs real estate agents to show the house only during certain times. At the very least, they should give you plenty of notice before they come over.

Just make it clear to the owners that you won't keep the house in perfect order and would like proper notice before entry. A day's notice is common, but you can be more flexible if you would like.

As for being honest with prospective buyers, by all means, do so. It's not your job to help the owners, nor should you feel that you need to deceive future residents. In the end, they'll make their own decisions anyway.

Arlington: I live in a 21-story building with six elevators for 500-plus apartments. Many are two- and three-bedrooms, so figure that there are more than 1,000 residents. In the two years I have lived here, there has never been a day when all six elevators were working.

At times, just one elevator is running, which is extremely dangerous. Imagine if someone on the 15th floor needed medical assistance and paramedics couldn't get to the apartment because the lone working elevator was in use. Waits of 10 or 15 minutes for an elevator are not uncommon.

The building management doesn't bother informing residents about the elevators' status. You have to call the manager and ask what's going on. Every time I do, they automatically say the elevator will be fixed within a month, even if it's actually another five months before it's fixed.

Is there any legal recourse? I am paying a lot of money for my apartment, and I have never had full elevator service. I am thinking of asking for a reduction in my rent or of reporting the building to the appropriate authorities, only I can't figure out who those authorities might be. Any ideas on who I can report this to, or on strategies for negotiating a lower rent?

A: First, if safety is your concern, then you need to tell your local housing authority about the elevators. One elevator and 1,000 residents in a 21-story building would indeed be unsafe. Call Arlington County's Housing Information Center at 703-228-3765.

Asking for a rent reduction might also be in order because you're not getting what you paid for. However, I think you should start with the complaint process rather than with what could be perceived as an attempt to swindle your management.



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