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#610957 --- 07/30/07 11:33 AM advice needed
gaaack2003 Offline
Junior Member

Registered: 01/25/07
Posts: 3
I'm in need of some advice.I rent a half house in auburn. We live in the lower half of the house.Our upstairs neighbors have two teenage sons living with them one is 17 and the other is 19.We are having some noise issues ;music,loud parties,laying rubber in the driveway,and they think that it's okay to play catch with their dog at all hours of the night.They own three large dogs and seldom clean up after them.The parents are aware of the problems but tend to look the other way.I've spoken to the landlord,but he seems to ignore the problem.I,ve had the police here,but i really hate to waste their time for such a petty issue.We are looking for another place but until then we are really at our wits end.Also they own a pit bull that they keep locked in a cage for most of the day,I think that it's cruel and it most certainly will cause the dog to become mean and aggressive.[it is just a puppy]I'm afraid this will escalate if it continues.They have recently used foul language to my girl friend{thsy called her a cu**.Any suggestions would be appreciated.

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#611289 --- 07/30/07 04:03 PM Re: advice needed [Re: gaaack2003]
Gio Offline
Gold Member

Registered: 08/01/03
Posts: 16476
Loc: Cleveland
Move.
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#611305 --- 07/30/07 04:34 PM Re: advice needed [Re: Gio]
Buddy Offline
Gold Member

Registered: 10/02/01
Posts: 19003
Loc: Southend {Mars}
If they called her that they can be charged with harrassment in the second degree, a violation, which could cost a couple hundred bucks, that will cool their jets. JMO
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#611310 --- 07/30/07 04:40 PM Re: advice needed [Re: Buddy]
Gio Offline
Gold Member

Registered: 08/01/03
Posts: 16476
Loc: Cleveland
Can he prove they called her that???
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#611314 --- 07/30/07 04:44 PM Re: advice needed [Re: Buddy]
Jake's Mom Offline
Senior Member

Registered: 07/23/06
Posts: 1411
Loc: NC
Buddy are you sure ???I was called that today and it esscalated beyond that?

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#611339 --- 07/30/07 05:34 PM Re: advice needed [Re: Jake's Mom]
Buddy Offline
Gold Member

Registered: 10/02/01
Posts: 19003
Loc: Southend {Mars}
It is in the penal law, with the intent to alarm or annoy, and I would say being called the c-word is all that. It is Harrassment 2nd by definition.
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#611384 --- 07/30/07 07:03 PM Re: advice needed [Re: Buddy]
Taxpayer14456 Offline
Senior Member

Registered: 08/23/06
Posts: 8109
Loc: Geneva
If your neighbors are up to wee hours of the morning making noise and stuff then you turn up the stereo, have a party and make noise like 9am when they are asleep. 9:00 in the morning to those losers is like 4am to you.
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#611443 --- 07/30/07 08:40 PM Re: advice needed [Re: gaaack2003]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
When you're dealing with uncontrolled teenagers that age that probably use such terms regularly, a pack of dogs and a landlord that doesn't care, they aren't going to change.

Harrassment generally has to be done more than once to be so, it has to be proven and well ...

I think Tx14456 probably has the best idea - crank it up just as you're leaving for work, make it classical music, and limit it to the days following their party nights. Check the noise laws first, you can bet they'd call the police on you.

I don't think anything will help, but Tx's idea will make you feel better while you look harder for a place to relocate.

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#612783 --- 08/02/07 07:23 AM Re: advice needed [Re: Rich_Tallcot]
County Line Offline
Member

Registered: 04/11/07
Posts: 47
Loc: Junius
The only thing in your favor is that just like anywhere else, there is a noise ordinance where you live, and petty as it may seem, the local authorities are obligated enforce it.

You're landlord isn't going to do anything as long as he is getting his rent. He must be OK with them owning 4 dogs, 1 being a caged up pit bull which is a potiential disaster waiting to happen, and the mess that comes with that, so don't expect anything from him.

Cranking up your stereo before you leave for work may, or may not even bother them...it may make you feel better to think you might be "getting back" at them, however, it also brings you down to their level.

I really hate to say this because if you are anything like me, I hate to give in to these types of situations, but your best bet, as stated in an earlier thread, just might be to move...getting away from your upstairs' neighbors, and your landlord, as quick as you can, is probably the least painful thing to do.

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#613575 --- 08/03/07 01:10 PM Re: advice needed [Re: gaaack2003]
hadEnuf Offline
Member

Registered: 12/05/05
Posts: 92
NYS has a warrant of habitability law, requiring landlords to provide their renters with homes that meet certain conditions, and that includes living free from excess noise and harrassing conditions. Send a certified letter to the landlord identifying the concerns, and requesting he make good on his responsibilities. A reputable landlord will address the issue. Should it not be resolved, you will have grounds for vacating your lease, and will be protected in the event he seeks to withhold and moneys due at seperation. The NYS Attorney General's office website provides tons of information on protections for renters.

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#613808 --- 08/03/07 10:12 PM Re: advice needed [Re: hadEnuf]
Josephus Offline
Silver Member

Registered: 08/25/00
Posts: 11561
Loc: NYS
I really think this is the best advice I've seen here. You have the legal right to Quiet Enjoyment. Send the letter by certified mail. Perhaps cc it to your attorney, even if you don't have one. The threat may be all you need to see some action. I would also advice keeping a log, indicating dates and times of any disturbances and harrassment. It could really help you later on.
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#614463 --- 08/06/07 09:19 AM Re: advice needed [Re: gaaack2003]
Queen of Da Nile Offline
Junior Member

Registered: 05/22/07
Posts: 5
Loc: Motown, NY
I had similar issues last summer with my lovely next door neighbors. They seemed to like the "c" word too as they called my teen and myself that. They had 5 dogs barking all day and night and they were loud and ignorant people as well. I went thru the Sheriff's Dept a few times with NO success. It is all up to the responding deputy on how to handle the situation. I did however call the dog warden because of the dogs being kept in a kennel 24/7 without adequate water in the heat. Thank God the majority of the family living in this house have moved. I thought it would never end!

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#614477 --- 08/06/07 10:15 AM Re: advice needed [Re: hadEnuf]
Laker Offline
Member

Registered: 04/13/00
Posts: 239
Loc: SF, NY USA
call the police . it`s their job . not the land lords . thats what the police told us .

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#614795 --- 08/06/07 09:52 PM Re: advice needed [Re: Laker]
Josephus Offline
Silver Member

Registered: 08/25/00
Posts: 11561
Loc: NYS
I would document first that you went to your land lord on the issue...and do it more than once. THEN, go to the police. In the end, if you have to break the lease because the land lord didn't address the situation and you have documented that you asked him repeatedly to do so, a small claims court probably won't penalize you for breaking your lease.
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