Noise disputes discussed
Q: Do I have to accept the all night noise of another renter overhead that simply does not go to bed at night, but walks the floor that pops and cracks with every step she takes?

Maureen
Ohio

Q: I live in a 2 flat building on the second floor, and my landlord lives on the first floor. I have only been in the apartment for 2 months now and I want to move already. I think that my landlord's wife did not want him to rent to me.

He went out of town for a month. During this month, she has complained that we walk too much in the house. The other day my 21 yr old son was washing dishes and making himself some tea at 9:30pm. She called me to tell me that there was too much walking going on. I have 2 other children ages 4 and 10 and they were asleep at the time.

If we drop something on the floor then she runs up here to find out what is going on. They both knew at the interview for the apartment how many children were going to be living there. I am really fed up with this already. We can't walk through the house without them complaining.

They are not an elderly couple, they are all in their mid to late 30's. They also have a child that has a handicap, which leads me to believe that they just are not used to children running around the house and playing. I don't believe it is normal to have to tell a 4 year-old child to sit down.

There is carpeting on the floor, but this does not help the situation at all. The building is somewhat older and they said that there is nothing that they can do. I hate the fact that they know when we go to the bathroom even.

Cynthia
Illinois

A: Here's two sides of a similar situation. Unfortunately, neither may have a great solution. Apartment living is close quarters. Apartment dwellers share common walls and common floors. In some cases, they share many common walls and floors.

As a result, you're going to hear your neighbors doing all kinds of things. If you live in an older building without as much insulation or soundproofing, you're going to hear your neighbors loud and clear.

If you think the noise level is unreasonably loud, talk to your neighbor directly. You don't always need to involve your landlord. Your neighbor might not realize just how much the sound carries to your apartment. In other cases, you may just have to adjust to the noise.

For the renter in the first question, it doesn't sound like your neighbor's making an unreasonable amount of noise. It's not as if the TV or music are blaring loudly, is it? It's okay if he walks around the apartment at night rather than sleep if he chooses. You may just need to try earplugs at night to help you block out the noise.

For the renter in the second question, it doesn't sound like you're making an unreasonable amount of noise either. I think your hunch is correct-your landlord's just not used to the normal amount of noise three kids make. But, because it's the landlord below you, they've got a bit more control, especially if you don't have a lease.

You'll just have to work with your landlord as much as possible. You should maintain as cooperative an attitude as possible. Don't get defensive or hostile about their requests to keep the noise level down. Maybe after a few months they'll get used to the level of noise from your apartment.

And, if that doesn't work, you don't have much choice but to look for another place when your lease ends (if you have one). The landlord has a right to ask you to move then without any reason at all. So, you should try to work through your current difficulties with your landlord about the noise.

Mitigation of damages
Q: I was recently laid off by a bankrupt company. I had 4 months remaining on my lease and opted to give notice and vacate so that another tenant could be found. I have no job and no money-this is why I vacated. I did not want to be delinquent on the rent.

My dilemma stems from the fact that the apartment easily could have been rented at the rate that I was paying, or slightly more. However, the building has opted to raise the rent 45% for a new renter. The management is expecting me to pay the full term of the lease until they find a new renter.

Ruba
California

A: The legal term for what your landlord should have done in this situation is called mitigation of damages. They lost rental income because you moved out before the end of your lease. But, rental law in many states, including California, requires the landlord to try and lease the unit immediately to minimize the lost rental income.

Your landlord had a duty to try and lease your unit immediately. If he could have rented it immediately at the rent you were paying, he could have almost fully recovered the lost rental income with only minimal expenses for advertising the unit. Then, because he found someone to lease your space for the rest of your term, you would not have been responsible for it.

However, because he chose to raise the rent substantially, he hasn't properly fulfilled his duty to mitigate his damages. It's unlikely that a judge would hold you responsible for the rent for the remaining term of the lease.

Send the landlord a letter explaining why you're not responsible for the rest of the lease term, perhaps offering to settle the matter for the price of your deposit. If he doesn't accept this, you may have to defend yourself in court, but that's a fight I think you'd win.

Disclaimer
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