Unreasonable request for noisy neighbors

[creighton0123]

My partner and I are moving into a two family house in a week. We learned after signing the lease and meeting the upstairs neighbors that they are five guys in a band. Fine and dandy. They do gigs on the side for spare cash.

 

The problem is there rehearsal/practice. They practice in the shared-basement (split in half). Our apartment is arranged so that we have the entire first floor. They practiced today while we were working on fixing up the apartment and it was loud. Floors vibrated. Drums, guitar, and singing came up through the heating vents as though they were playing in our apartment.

 

Do you all consider this a reasonable request from us to them:

 

1. Rehearse once a week on Saturday between 2PM and 5PM.

2. Inform us before beginning practice.

3. Use drum silencing pads.

4. Turn down the amp from the current volume to 1/3 of the volume.

5. Anytime any of them are practicing solo, do not plug into an amplification device. Use headphones instead.

6. If this is still too loud, ask them to book a nearby rehearsal space. There is one only a few miles away at an hourly rate of $25 and they have a vehicle to move the equipment.

 

I was thinking the best way to get them to realize how loud it really is is to have one or two of them stand in our apartment while the others play.

 

I'm also not sure if it is a reasonable request to have them move their practice from the basement and onto the third floor of the house, where there will be a floor between us and the sound will only leak through from the outside.

 

I'd hate to get the landlord or police involved, but if they practice more than once a week, it will quickly turn the relationship sour.

 

I feel it is unfair for their activities to interfere with our ability to have a peaceful and quiet home.

 

Thoughts?

Edited May 28, 2012 by creighton0123

[whichwayisup]

I'd approach them and just talk to them about it. And hope for the best. I Hopefully they'll be understanding and compromise. Worst case senario, talk to the landlord and he deals with them and if it doesn't get better, move somewhere else. Involving the police should only happen if they practice late at night or very early in the morning.

 

Ask the neighbours too, maybe it bothers them as well.

 

I do wonder if the landlord knew of their loud practices? If so, this is something he should have disclosed before you signed the lease.

[CC12]

1. Rehearse once a week on Saturday between 2PM and 5PM.

2. Inform us before beginning practice.

 

These two things seem unreasonable to ask of them. Sunday between 2 - 5pm is a pretty specific time and might not work for them. Also, asking them to report to you before they practice seems...stupid. I'd be pretty pissed at a neighbor for even suggesting that. Talk to them about it and try to come to a compromise instead of trying to dictate when and how they can practice.

 

If they're not *******s, they will try to work with you if you approach them respectfully. If they are *******s, then it almost makes it easier for you because you won't have to try to be amenable neighbors and negotiate with them, you can just go straight to the landlord and make him/her deal with the problem.

 

3. Use drum silencing pads.

4. Turn down the amp from the current volume to 1/3 of the volume.

5. Anytime any of them are practicing solo, do not plug into an amplification device. Use headphones instead.

6. If this is still too loud, ask them to book a nearby rehearsal space. There is one only a few miles away at an hourly rate of $25 and they have a vehicle to move the equipment.

 

I was thinking the best way to get them to realize how loud it really is is to have one or two of them stand in our apartment while the others play.

 

I'm also not sure if it is a reasonable request to have them move their practice from the basement and onto the third floor of the house, where there will be a floor between us and the sound will only leak through from the outside.

 

These seem like reasonable things to suggest to them if they're open to negotiating with you.

 

I feel it is unfair for their activities to interfere with our ability to have a peaceful and quiet home.

 

Thoughts?

 

Look up what the noise ordinances are in your area. Also Google "right to quiet enjoyment" with regard to landlord/tenant laws in your state. As far as I know, legally, you don't even have to talk to your neighbors about this. It's not your job to negotiate with them. It would be nice of you to talk to your neighbors first, but you in no way have to. It's your landlord's responsibility to provide quiet enjoyment (again, as far as I know.)

 

I'm going to guess that your landlord already knew about the garage band he/she had living there, and he/she doesn't care about the noise. So find out if you have legal standing regarding the noise (you probably do) and what your landlord's responsibilities are.

[Frank13]

Anybody with half a brain knows playing musical instruments inside a house is stupid, inconsiderate, selfish, and inappropriate to others living there. Hell, i had a neighbor across the street and down aways playing instruments and I could hear it in my house.

 

This being the case, I can tell you this will not end well. It is 5 inconsiderate guys against you 2. If you push the issue, it will end in violence. I have dealt with these types before. You will never convince them that they are being unreasonable.

 

Foget all the ideas and compromises. You would be completely reasonable to expect them to not play at all in the house, but you are not dealing with smart and reasonable people.

 

Your best bet is to advise the landlord that you have an expectation of peace and quiet in your home, and since this band thing wasn't disclosed, the house was misrepresented and the lease should be voided.

[carhill]

First, quantify. Borrow or acquire a decibel meter (they're cheap these days) and take a short video, noting the noise and the meter readings. Then notify: send this evidence to the landlord via e-mail and request remediation of the noise nuisance. If no action is taken, then send a formal letter ending the lease due to (look up local landlord/tenant law for proper verbiage). Request your deposit back. Make note of any health and safety violations. If landlord refuses to comply with request, sue in small claims and notify health and safety authorities.

 

Do not interact with the other tenants. The issue is with the landlord. As a landlord, I require and request tenants and neighbors of tenants to contact *me* when there's an issue at one of my properties, or law enforcement as warranted. That's proper and legal procedure here in California. Your jurisdiction may differ as to legalities but it's always wise IMO to deal with the person renting you living space as it is the living space which is impacted by the nuisance.

 

I'd start looking for another place to rent today.

[creighton0123]

Heh. I wish it was as simple as looking for a new place to live. The money isn't there to fund a new relocation at this time. I will pursue all avenues the next time this happens. It is not, however, impacting just me. It is something of a problem for neighbors in different homes around me.

 

There is no reason for them to be practicing in a shared basement at performance volumes. Hell... there is no reason for them to be practicing in a two-family house anyhow. If we had a young child, it would be absolutely unacceptable. Hell, if we had a timid dog, it would be unacceptable.

[Art_Critic]

Before moving in, I'd contact the landlord now.. in writing and possibly use it to break the lease if you need to on down the line.

 

Document.. Document.. and read Carhill's advice...

[creighton0123]

Before moving in, I'd contact the landlord now.. in writing and possibly use it to break the lease if you need to on down the line.

 

Document.. Document.. and read Carhill's advice...

 

I understand Carhill's advice, but hope that the neighbors upstairs, already proving themselves reasonable in the way of assisting in cleaning the backyard and arranging tandem parking for a shared driveway... will listen to reason once they realize that their band practice is louder in my apartment than in theirs and has a pretty high potential for interfering with my job (significant working from home on the weekend required).

 

There are five of them in the band and a cheap ($25 an hour) rehearsal space only a mile and a half away. Hell, a space designed for practicing at $5 an hour each sounds significantly better for musical improvement than does a dark basement with zero soundproofing or acoustic credibility.

 

Cement floors, cinder-block walls, and wooden ceilings with metal heat ducts does not an acoustic room make.

[Art_Critic]

will listen to reason once they realize that their band practice is louder in my apartment than in theirs and has a pretty high potential for interfering with my job (significant working from home on the weekend required).

 

I would believe that they know how loud their band practice actually is and they just go with the idea of 'eff it...

Maybe the tenant before you had a problem with it as well and that is why the apartment was up for rent.

 

They might be reasonable but I also don't think you will be bringing them a problem they haven't heard many times before.

 

Good Luck...

[Frank13]

I would believe that they know how loud their band practice actually is and they just go with the idea of 'eff it...

Maybe the tenant before you had a problem with it as well and that is why the apartment was up for rent.

 

I agree on both points. The landlord is probably well aware of the noise and didn't mention it so she could get the lease signed.

[writergal]

I agree on both points. The landlord is probably well aware of the noise and didn't mention it so she could get the lease signed.

 

I agree with Frank13 and Art_Critic as well about your landlord knowing full well about the noise problem but withholding that from you just so she could get the lease signed. Happens all the time. Don't communicate over the phone with your landlord like Art Critic said. Document everything via email or letter so you can use that in small claims court should it come to that. But there's just no way your landlord didn't know about the noise problem before you signed the lease.

 

You could try to find someone to sublease who doesn't mind sharing a wall with a 5-man band as long as you disclose to them that their rehearsal space is there. Maybe post an add in Craigslist geared towards 20-something college kids?

 

Otherwise, you're better off breaking your lease when you find a better place to live. And, if you have to, take your landlord to small claims court for breaking your city's noise ordinance codes (if you can prove it) or certificate of occupancy code (every landlord is required to have one for their rental buildings and only a certain amount of people are legally allowed to live in a space. So these 5 band members could be considered illegal squatters. Something you could nab the landlord with.)

[freestyle]

I strongly suspect that the law will be on your side regarding this.

(If it comes to that)

 

If you're in the U.S. , most cities have noise ordinance laws.

 

It strikes me that you would have legitimate grounds for breaking your lease.

 

It's absolutely ridiculous for those guys to expect neighbors to tolerate that kind of volume level in their living space. And I say that as a musician. You just DON'T host rehearsals, when you share walls with other families. It's completely inconsiderate, and intrusive.

 

I'd recommend taking the other posters' advice, about documenting EVERYTHING---chronologically.

 

Also, go over your lease with a fine tooth comb. Most rental agreements have a section about house guests disturbing other tenants. A noisy band would definitely fall into that category.

 

You're going to have to be pro-active to resolve this.Whatever happens, don't approach the neighbors when you're angry, it could work against you.

(Even though your anger is completely justified)

 

I'm also skeptical about the neighbors being concerned about your peace of mind. I also suspect that you're likely to encounter a "F-off!" attitude.

 

What style of music are they playing, by the way?

[writergal]

Creighton, if you're really located in Boston, Mass.

 

I found these links that might be helpful for your case with your noisy band neighbors.

 

Certificate of Occupancy (if the house is a rental):

Certificate of Occupancy | Boston Fire Department | City of Boston

 

The Law of Quiet Enjoyment: (Read this link because your landlord can be fined up to $300 or go to jail for letting those 5 band members use his/her rental space as rehearsal space which is also illegal since its a home rental not a business rental)

Your Right to a Decent Place to Live - MassLegalHelp

 

Breach of Quiet Enjoyment for Excessive Noise

http://www.masslegalhelp.org/housing/private-housing/ch14/grounds-for-filing-a-civil-lawsuit#QuietEnjoyment

Edited May 30, 2012 by writergal