zookeeper
Pearl Clutcher
Posts: 3,909 
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Post by zookeeper on Oct 31, 2020 13:27:00 GMT
The tenant cannot be discriminated against for his disability. He had no obligation to move into a ground floor apartment. Ding ding...we have a winner! It is against the law for anyone with a disability to be steered, encouraged, asked, etc, to live on any specific floor. You give them list of that is available and they get to chose. I second the other pea who suggested getting his device off of the floor. It needs to be set up on dampening material like foam. Perhaps something that a sound studio would use for the walls. |
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Post by Clair on Oct 31, 2020 15:50:56 GMT
You’re going have to find out tenant and disability laws for your state. The tenant cannot be discriminated against for his disability. He had no obligation to move into a ground floor apartment. Though it seems like a lifetime to you - it’s not unreasonable that nothing has been done. The landlord may be looking into his legal responsibilities and then need to decide a course of action to handle the situation. Not to be rude but you mention trying to conceive. When your baby is born - you may be the neighbor who is disturbing the neighbors with a crying baby. Tread lightly here. Having a disability does not equate to having free rein to torture your neighbors. There seems to be this impression by some that anyone with a disability is entitled to say or do anything without any boundaries. That is not how discrimination works. Discrimination means treating someone differently because of their disability. OP is not asking that this man gets treated any differently than any tenant engaging in repeated nighttime noise and vibration activity that is just unreasonable. OP is also quite sensitive to what these activities, which may or may not be medical treatments, could mean to this man's quality of life. This cannot be the first time this man has likely dealt with complaints unless he has only lived in private stand-alone homes prior to moving here. OP is looking for solutions and compromise so that she can sleep and the man can take care of his health. OP may need to put her concerns in writing and may need to review her lease for noise/disruptive activity terms. No one would want or expect this man to stop treatment. But the property manager needs more urgency in looking for some solutions, stat. I agree with you but you have to realize that the owner/property manager has to follow the laws and regulations of their state. I don’t own/manage apartment buildings but I am a landlord. I have single family homes so would never have this issue. I would ask but would need to get legal advice before insisting he put a pad under the machine if there was any pushback. It seems like this situation should be easy for the landlord/tenant to resolve and hopefully it will be but things aren’t always as easy as they seem. I have a tenant who decided to stop paying rent six months ago. They said it was due to COVID. They are still employed and have told me so - it’s not that they are unable to pay - they don’t want to pay. Right now - there is absolutely nothing I can do about it. They are refusing to pay and ignoring my attorney. |
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Post by Clair on Oct 31, 2020 16:39:35 GMT
I have a tenant who decided to stop paying rent six months ago. They said it was due to COVID. They are still employed and have told me so - it’s not that they are unable to pay - they don’t want to pay. Right now - there is absolutely nothing I can do about it. They are refusing to pay and ignoring my attorney. Wow. Do you think you will be able to collect back rent? This is so wrong. maybe you or other peas can chime in, but, with laws preventing people from being evicted, what kind of recourse does the owner have? Surely, they are not expected to eat the cost? I’m not sure at this point. It’s a wait and see game. The rules and regulations regarding rents change all the time. Currently tenants are required to pay half their rent but there is no way to enforce it. We may be able to evict them by March or April. My attorney has filed the paperwork with the courts but it will be months before anything/if anything can be done. I have another tenant who is having difficulties paying but she is in contact and pays what she can monthly. I still have taxes, insurance, maintenance and mortgages to pay. It seems wrong that tenants could potentially get rent forgiveness when landlords still have expenses, but I can’t see how people are going to be able to go back and pay missed rents. It’s a no win situation. |
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twinsmomfla99
Pearl Clutcher
Posts: 4,087
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Post by twinsmomfla99 on Oct 31, 2020 16:40:40 GMT
The landlord may not be able to do anything to the tenant, but the OP is not required to put up with the noise. She can threaten to take him to court for nuisance if this can’t be resolved. He had no right to interfere with her “quiet enjoyment” of her residence.
Assuming he does not want to be tied up in court, he may agree to move to a ground floor apartment if one is available.
He may not be aware of how disruptive this is. Put a picture on the wall and video the effects of the vibrations. There are apps that measure decibel levels, so use one to get an objective measure of how loud it is. Record the time it starts and ends for a few nights along with the decibel levels.
Show him the evidence so he knows you aren’t just supersensitive to noise.
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Post by Merge on Oct 31, 2020 17:20:20 GMT
I have a tenant who decided to stop paying rent six months ago. They said it was due to COVID. They are still employed and have told me so - it’s not that they are unable to pay - they don’t want to pay. Right now - there is absolutely nothing I can do about it. They are refusing to pay and ignoring my attorney. Wow. Do you think you will be able to collect back rent? This is so wrong. maybe you or other peas can chime in, but, with laws preventing people from being evicted, what kind of recourse does the owner have? Surely, they are not expected to eat the cost? It depends on the location. Federal protection for renters due to COVID related job loss has ended, but many states and localities have put eviction moratoriums of their own in place. Where they exist, the moratoriums generally do indeed mean the landlord is expected to eat the cost. Back to the OP, I hope you’re able to get it worked out. The vibration dampening mat sounds like the best possible solution right now. In the mean time, would it be impossible to sleep in a different room until the situation improves? Or is the vibration equally bad throughout the apartment? |
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JustTricia
Pearl Clutcher
Posts: 2,842
Location: Indianapolis
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Post by JustTricia on Oct 31, 2020 17:49:31 GMT
The office told you it was a device to help with his disability? Be careful what personal information the office is giving out about you if they’re passing medical information on for another tennant.
With the noise being related to a medical device I think it’s touchy ground. While you have the right to non-intrusive neighbors, because it’s due to a disability this device may be covered under the ADA.
I feel for you as lack of sleep sucks. I would contact your cities tennant rights organization and see what your rights vs his are.
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Post by fkawitchypea on Oct 31, 2020 20:45:21 GMT
I didn't realize that. Sorry. Normally I would stand by saying handle yourself first but in this climate I would feel the same in your shoes. Hope it works out for you.
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Post by Really Red on Oct 31, 2020 20:55:28 GMT
Oh my goodness. I am so sorry you are in the situation. I second sleeping in the living room or any other place until your landlord figures this out. I don’t know how you function without sleeping. I get why you don’t want to approach this neighbor. In your shoes, I probably would not either. And that just sucks on top of everything else. Do you have any other neighbors who might hear the noise as well? That might help push your landlord into fixing something faster. Even some upstairs neighbors? I hope this gets resolved quickly. clair Sending you a lot of sympathy. It’s not right and it sucks that you have to suffer the consequences. |
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Post by calgaryscrapper on Nov 1, 2020 0:28:08 GMT
A friend is receiving home dialysis. I believe his treatments are over nite.
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