How to deal with loud elephants who live above us? (Quiet Enjoyment of Residence)

[ATL]

Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.
Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service. In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, which warrants that the landlord will keep the leased premises in good repair. For example, the failure to provide heat would be a breach of the implied covenant of quiet enjoyment because the lack of heat would interfere with the tenant's use of the premises and would also make the premises uninhabitable, especially in a cold climate.
Other rights related to quiet enjoyment may be tailored to specific situations. For example, at least one court has found that the ringing of smoke alarms for more than a day is an interference with a tenant's quiet enjoyment of leased premises (Manzaro v. McCann, 401 Mass. 880, 519 N.E.2d 1337 [1988]).
Tenants have at least two remedies for a landlord's breach of the covenant of quiet enjoyment: the tenant can cease to pay rent until the problem is solved, or the tenant can move out. A tenant who moves out may be liable for any rent owing under the agreement if a court decides that the landlord did not breach the covenant of quiet enjoyment.
A covenant of quiet enjoyment may be included in an exchange, or conveyance, of land ownership at the option of the parties to the deed. Quiet enjoyment has a slightly different scope in the context of land ownership than it has in the context of a tenancy. When a seller gives a deed to the land to another party, the seller no longer has control over the property. The covenant of quiet enjoyment, when contained in a deed to real estate, warrants that the title to the land is clear, meaning that it has no encumbrances, or claims against it by other persons.
A warranty deed includes a covenant of quiet enjoyment. By contrast, a quitclaim deed makes no warranties regarding the title and contains no covenant of quiet enjoyment.

So I live in a fairly nice apartment in Colorado, on the second floor (of four), and there is a [insert insulting word here] 40 something y/o woman with two daughters [10-14] who lives directly above us. They regularly run, stomp, and jump throughout all hours of the day. Sometimes are worse than others, but I really get a flame under my ass when it is 11pm-12am, and my girl and I are trying to sleep, as my girl works early every morning. We can HEAR, FEEL, and SEE (via light fixtures shaking) these fuggin elephants dancing around above us. This is the kind of noise you can hear over headphones, loud TV, and especially normal inside decibel-range living.

Being a decent person, I went up there and asked them to keep it down, and please have their children play outside... if only during nighttime hours. The first time I went up there, the woman was very apologetic... "won't happen again", "so sorry". I nodded my head and went back downstairs to my residence.

About 4 "visits" later, all getting less and less polite (although nothing threatening or aggressive) I had to visit her again today. By this time I have already notified the apartment complex, however they said to just "keep them informed".

So today, I went upstairs with a big 6PM WTF kind of knock. I, AGAIN, let her know we can fvcking feel her and/or her children practicing the choreography to STOMP, and Step Up 1 - 3. She rudely tells me that that is impossible, as her daughters are "outside on the patio, painting their nails". BULL ******* SH;T. And even if so, then it's the woman who is having full on convulsions against her hardwood floors. Either way, I politely told her that this is the last warning we're willing to give.

Up next is formal complaint due to the inability to enjoy quiet enjoyment of our residence (to the apartment's management), or noise-ordinance violation (to the police) due to her broken-ass family stomping all day/night.

What else can I do to put an end to this nonsense ?
-Chris

[maktastik_jr.]

thank god for single floor apts.

[grim]

thank god for having a house.

[kingtut]

I feel for you and had a similar problem. I took every step I could, aside from getting a lawyer.

In my case, I was screwed. Nothing I could do. Unless the noise problem is effecting a bunch of other tenants, no one will care.

That's their "lifestyle" and you can't force them to change.

**I'm no authority on this subject. Just sharing my personal experience. I sincerely hope you can get the situation resolved. But I foresee you moving to flee them.

[Wrider]

That's their "lifestyle" and you can't force them to change.

**I'm no authority on this subject. Just sharing my personal experience. I sincerely hope you can get the situation resolved. But I foresee you moving to flee them.

M80s every morning when your girl leaves for work might help persuade them...

[FZRguy]

I lived in apts for many years. Duplex with a garage between the units and no shared walls is the best move I ever made.

[Frankie675]

I had the same problem. I had some 20 year old dirty slut mother w/ children living above me. She would often invited little emo boys over for mosh pits. Nothing worked for me. I even got the Lakewood PD involved. Unfortunately the apt complex couldn't legally do anything about them so the let me break my lease.
At the bare minimum keep a timeline of events. Try and get other neighbors in on the cause. Involve the local pd. And maybe you will get somewhere.

[preludepearl417]

Man, that sucks. I would exhaust every way of "legally" dealing with the matter but we live in 'Merica. I would take things into my own hands if no one wants to help you.... just saying.

Not saying to go crazy tho....

[JonnyD]

Neighbors next to us (townhome style, they live above the garages) have parties until 3am sometimes. If it's on a weeknight, you can bet I'm riding the RC51 into work the next day at 5:00am and warming it up under their bedroom (which is above my garage)

Other than that, you can call an officer over to see if there's anything they can do. I know dog noise is limited to 5 minutes of barking or they issue a citation. Yes, they have a right to do as they please, but you have one to not be bothered by this. The only other thing I can say is FOR THE LOVE OF GOD RECORD ALL THE TIMES IT HAPPENS. My sister had this happen to her, and a written record will go a lot farther than it should in court.

Either that or get them DDR and turn off jump mode? Overvoltage the circuits and hope you hit their TV? Best of luck, sounds bad

[Ghosty]

You've done everything, by warning her multiple times. I'd say take it to the apt. complex management next, then they NEED to do something, or else you're going to the cops next. After 10pm you probably have some reasonable expectation of peace, I'm thinking...

[Chief Stinky]

Move to the 4th floor?

[salsashark]

Ahhh communal living.

I remember a certain cow that lived above me. She had hardwood floors and loved to clomp around early mornings in heels. She also was a screamer... a LOUD screamer. Which is all fine and dandy until you live in an old apartment building w/ window AC units so people have to leave their windows open or die from the heat.

What made it worse was if I so much as sneezed or farted too loud in my own apartment she would bang on the floors or come down and bang on my door and tell me off for being too loud. She yelled at me once for turning on the exhaust fan in the kitchen! So I slammed the door in her face and turned my stereo up while she continued to bang on the door.

The LL hated her as well because all of her neighbors complained. Fortunately for me, another apartment opened up and I moved, but it was horrible while I was there.

[CaptGoodvibes]

You moved to an apartment below another?!?!?!?!? Serious lack of forethought. Now that that's out of the way, are you sure another family wouldn't be just as loud? Is the construction lacking in some way? Be careful what you wish for. We had a total nightmare move in next door and it cemented our resolve to buy a house. Now, I play my guitar cranked at midnight in the basement. So fun!

[cbrjohnny]

its always better to be on top!!! time to move...

[bulldog]

Owning elephants in Colorado is illegal....much less housing them in a apartment!!!!!

+1 for a house! I jam my music till my windows vibrate and never had a complaint from neighbors. Actually asked my neighbor friend if he could here my music in morning and he said "no". Amazing considering how loud it is. Let's be honest we all know there are pros and cons to apartment living and that is just what comes with the territory. I know very few people who have not had this issue living in shared spaced. Plus sometimes it is just crappy buildings and not so much the people...

[CaptGoodvibes]

Yep, poor sound insulation goes a long way in creating conflicts between neighbors. It's not like you can expect them to tiptoe around. They pay rent and have a right to walk normally.

[Samko]

I would record it. Then at 4am, take your speaker hold it up against your ceiling and play it back at them.
I did it in Phoenix it worked.

[salsashark]

I would record it. Then at 4am, take your speaker hold it up against your ceiling and play it back at them.
I did it in Phoenix it worked.

Gotta love neighbor warfare.

We had an apartment in college where the new neighbor had this little yappy dog. It would sound off constantly and incredibly early times.

We decided that the problem was that the neighbor and her dog were going to bed too early. So, several nights in a row, we "tested and tuned" paintball guns until the wee hours of the morning. With every "pop pop pop" came a "bark bark bark bark..." response. It didn't to a damn thing to stop the dog barking, but it was fun!

[bulldog]

I would record it. Then at 4am, take your speaker hold it up against your ceiling and play it back at them.
I did it in Phoenix it worked.

This also depends on how sane your neighbor is!!!! Could just make things worse and probably will.... Never underestimate the person ready to go crazy and having nothing to lose!!! It is sad, but there are more people out there like this than people realize!

I once ended up with a 2 guys at my door with a crowbar when my girl started to pound on the ceiling once. Only thing that stopped them from grabbing me when I opened the door was my dog went crazy and scared them. Sure I could have called the police, but that may have been after I was beat down. (and yes, the crowbar was hidden when I looked through peephole. )

[Ghosty]

I loved my Loft downtown, but one neighbor was an elderly couple. So basically no coming home drunk from bars then starting personal "afterhours party" with loud music or movie. I will never go back to a condo/loft UNLESS cement floors & ceiling brick or cement walls between. Otherwise forget it.

I wanna have the freedom to come home at 3am and turn up the surroundsound & subwoofers without worry. I guess I'm not an adult yet, even in my old age, lol.

[Sleev]

seems like this topic comes up once a month

[CaptGoodvibes]

This also depends on how sane your neighbor is!!!! Could just make things worse and probably will.... Never underestimate the person ready to go crazy and having nothing to lose!!! It is sad, but there are more people out there like this than people realize!

I once ended up with a 2 guys at my door with a crowbar when my girl started to pound on the ceiling once. Only thing that stopped them from grabbing me when I opened the door was my dog went crazy and scared them. Sure I could have called the police, but that may have been after I was beat down. (and yes, the crowbar was hidden when I looked through peephole. )

I always answer unexpected knocks at the door with sturdy shoes and foot planted to block the door and gun in hand behind my back.

[bulldog]

I always answer unexpected knocks at the door with sturdy shoes and foot planted to block the door and gun in hand behind my back.

I do now. Honestly I had just moved to Littleton, Colorado and thought I had moved out of the ghetto and was away from people like that. Lesson learned that crazy people are everywhere; I mean what sane person wants to get into a weapon fight over banging on a wall! I am just a big believer in you have to be very careful who you mess with nowadays. You go around starting sh*t with neighbors you don't know you never know what you may get and is it really worth it.

[Grant H.]

Been in the apartment game, the townhome game, and now the home ownership game.

For me, the apartment wasn't bad. The construction was great, the insulation and spacing of the apartments were well done, and so noise wasn't a problem. I asked the people around me if they were bothered by my wife and I watching movies on a nice surround system, or playing LOUD music when having friends over. None of them ever heard it.

Townhome sucked. The construction was thin, and the neighbors loud. I asked them to keep it down and got the "Go fawk yourself" speech. They then got the brunt of my (by this point) WAY more powerful surround sound system. I had the TV and system into the room closest to them and proceeded to be a total jerk. If they had been loud earlier, at about 12 or 1, I would fire up something really obnoxious and crank the crap out of it

Now we have a house. My neighbors are nice, and when I got the theater set up in the basement, I actually cranked a look of horribly obnoxious Skrillex and Korn, and walked around my house outside. Couldn't hear it, had to wear ear protection inside, so I am good.

If you can't afford a house, look for better constructed apartments, or a townhome with good construction, or as one of the other guys mentioned, a duplex situation that doesn't share a common wall.

Otherwise? Its war. Wear ear pro inside and blast something horrible. Especially offensive to a Mother and daughters family. Bang on the ceiling. Get a coyote call with dying rabbit and blast that on a loop when you leave for a while (preferably aim the speakers at the roof so they are the most affected. Try to not piss off your other neighbors.