[brocklanders]

im having apartment management problems, i dont know any lawyers and need advise. so here goes, i received a letter on my door stating that i violated chapter 20 of my lease agreement. loud, or disruptive music. so a few weeks go by and the manager calls me, after our conversation i let her know that i wasnt happy with this letter i received because i was simply watching tv at a reasonable volume the whole night in question. i am not aware of how loud is too loud unless someone tells me. so i informed her that i would not put up with this harassment unless there was a police report in the future. so needless to say that very evening the police knock on my door, so i answered the door without touching anything as in the volume of my tv. he told me that he had been standing there for ten minutes and heard no such music or anything else. well i get another letter on my door this afternoon, when i confronted the manager regarding the second letter in her office. she informed me that she was aware of the police officers after report, and that their were multiple residences complaining about music. she also informed me that four letters were cause for legal action. so my question is, what are my rights in this matter and when does this become harassment from other residents or management itself.

[Kolyan2k]

All i know is that sometimes even reasonable volume can bother people....it depends on how the building was built. I had an old neighbor and he had TV in his bedroom right against the wall...and on the other side was my headboard of my bed.....it was not pleasant when he watched TV in the middle of the night. I am talking about 3-5AM. I never complained of course, I know its not really his fault... But one time I got so mad I actually kicked my other neighbors door out when he was doing construction on Sunday 8am

[BimmerCop]

Unless there is a state law or city/county ordinance which prohibits loud music in your neck of the woods, this is all a civil matter between you and your apartment complex management.

If there is SUCH law/ordinance and a cop feels that the music is indeed too loud, then you could be issued a summons for it and that is enough grounds for management to find you in breach of the contract/covenant.

For instance, in the county where I live/work, county ordinance states that it's illegal to play loud music inside a residence from 1200AM to 0700AM. From 0701AM to 1159PM, you can play the music as loud as you want BUT this is for criminal purposes. Even if the music is not loud enough to warrant a summons by a Police Officer, the management can still deem it's too loud and find you in breach of the contract, but this is a CIVIL matter. This seems to be your case.

Your best action is to lower the volume as to prevent further complaints or simply start looking for somewhere else to live.

[BreakPoint]

Continue paying rent, get a copy of the entry made by the police dept that night with the officers name, ect. Go to the court, tell them you want to file harassment charges, and you will need to explain/ write down what happened. It's a civil issue, not criminal. They cannot legally kick you out without an eviction notice. Being the management to court, but expect find another place to live.

[BreakPoint]

Continue paying rent, get a copy of the entry made by the police dept that night with the officers name, ect. Go to the court, tell them you want to file harassment charges, and you will need to explain/ write down what happened. It's a civil issue, not criminal. They cannot legally kick you out without an eviction notice. Being the management to court, but expect find another place to live.

[brocklanders]

thanks guys, and of course the best action is to lower the volume, i was never opposed to that. if a neighbor would have knocked on my door and told me when it was too loud none of this would have happened. i just think its a coincidence that the day i talked to the manager and told her i did not agree with the first notice because no one told me police or otherwise i was being loud before i get a written legal notice on my door, that the police show up that same evening to report to them that he heard nothing.

[MDyDinanM]

shouldn't this be in the off topic section?

[ChasVS]

Originally Posted by mdyaman

shouldn't this be in the off topic section?

[Uber V8]

Originally Posted by mdyaman

shouldn't this be in the off topic section?

yea...come take a stroll to our side of town. we'll take care of you

[brocklanders]

just talked to all my neighbors and none of them admit hearing music from my apartment. as for you non topic people, relax more people view this form than any other. besides i am an avid e90 surfer and i use all of the sponsored vendors so i thank e90post for helping me out on this subject.

[Wilhelm]

Originally Posted by brocklanders

besides i am an avid e90 surfer and i use all of the sponsored vendors so i thank e90post for helping me out on this subject.

LOL. Your code must be TWIsM, mang.

[vzehler]

Let them serve you with notice to vacate, then go to court.. It is a civil issue and is your word against theirs, most judges would be pissed that a management company would have the audacity to bring frivolous BS like this into the courtroom unless it was egregious. I would venture to say that you probably have just one resident complaining and the management company is saying its multiple complaints to try and escalate the importance of the matter.

I will also mention that here say usually doesn't hold much water in court and unless they can provide police reports in which you were warned or cited to turn the music down then I don't think they would have much of a leg to stand with respect to the fact that someone else in the community might just not like you and is trying to get you evicted.

Good luck, man.

[crashoverride]

Wow bad advice. It's your word against there's. Plus they've properly documented and sent you four warnings. In the courts eyes they have documentation and a neighbotr that is complaining and you are just standing there saying but I didn't think it was that loud. Plus it's plenty of time to turn down volume in the courts eyes. Obviously someone is complaining, many people don't like to confront so they call management. Maybe that management said to them call us again if you have another problem....maybe there was a note that if another call comes in to call police as per your conversation.

It's easy to get pissed but if you got so pissed on first note instead of saying wow some people are sensitive. I can only imagine your reaction if someone had knocked or put a nice note up.

Unfortunately you have few options: Continue on at same volume (which very well maybe reasonable level) rack up more complaints. Which will then most likely result in being kicked out. Then you either pay to hire a lawyer (which win or lose you will not get money back)

Management know that whatever the reason thin walls overly picky neighbors people that sleep during the day they get it they know and have heard it all...However remember if someone is complaining about you....in managements eyes your guilty getting pissed and defensive only makes there complaint more valid. Be a nice guy play it cool get management on your side. As of now your causing someone to complain it's easy for them to say buh-bye to you and NEXT.....

[smokinHawk]

1. get a tank of gasoline
2. get matches
3. burn that puppy down
4. ????????
5. Profit

[Bavarian13]

Until you get a legal document, it's civil matter. So you're going to have to work with the manager and the other tenants.

[CosmosMpower]

I would take this opportunity to get out of the lease and give your money to a management company that cares about it's customers.