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Excessive Noise Coming from Upstairs - Please Read 

NewTenant2018
NewTenant2018
Posts: 1


Posted On: 26 days ago
NewTenant2018
NewTenant2018
Posts: 1
Hi there,
We have recently moved into the basement of a legal duplex and from the beginning have had to deal with excessive noise.
I do not mean standard living noise such as walking, doors slamming, showers running, music, etc.
When we moved in, we understood that by living underneath someone, there would of course be noise and that is not what my concern is regarding.
The noise I'm having issues with is the constant, excessive, and almost deliberate running, stomping, screaming and thumping that comes from their children at all hours of the day, every day.

On our first day moving in, we believed that having an open line of communication with the neighbours living above us and maintaining a healthy relationship with them would be key in order to maintaining peace. We greeted them and explained to them that we work nights and days on a rotating schedule and would appreciate if they could keep the running and stomping to a minimum while we tried to sleep. They seemed understanding and explained that if they were making too much noise, to please let them know and they would do what they can. I was satisfied with that answer and thanked them for their time. We decided to do what we could on our end, and bought ear plugs, bought a fan to try and cancel out the noise and installed blackout curtains in order to maximise our chances at staying asleep.

After waking up to running around after our first night shift I went to explain to them that we were coming off nights and asked if the kids wouldn't mind playing upstairs for a while so we could rest. The neighbours understood and it seemed to quiet down after that.
That is where it ended.

Since then, we have gone upstairs over a half of a dozen times on separate occasions to let them know that we cannot get rest with the stomping and running around that occurs (again, this isn't the normal walking and living noise that one could expect, because yes, we can hear them even when they are walking normally.) This is the children running, chasing the dog that barks, the kids screaming and continuing to run around despite us letting them know that we need to sleep. This not only happens while trying to sleep, but during dinner time, the morning, mid day, and at any time of day. Each of those times speaking with them yielded no results in reducing the noise level.

A few days ago I went upstairs again to let them know that we were going into a night shift and would need the kids to stop running around, and was met with the usual "I understand." After an hour or two of no change, I went upstairs again and was met this time with "Well I'm sorry but it's the weekend and this is going to require a bit of give and take on both parts" and closed the door.
This does not only occur on the weekend, but during all the days of the week as I am writing this down now on Monday morning, going into a night shift tonight. Only one of the two children attends school, so after an entire day of play, it only gets louder in the evening.

I decided it was time to contact the landlord to explain the situation, the steps we had taken, and what possible solutions we could implement. He seemed understanding and wanted to ensure that I could live peacefully with the neighbours upstairs and said that he would phone them the next day and the call me back once he had spoken with them. The next day I received a phone call from him, where he explained that the neighbours upstairs are more than willing to quiet down if I go upstairs and let them know that I'm going in for a night shift or coming off one and that they would quiet down. I explained that this is what we have been doing and he explained that by living below someone with children, one could reasonably expect noise to come from upstairs. Clearly he did not understand the extent to which the unnecessary and excessive noise has caused us stress and so I thanked him for his time and hung up.

The noise now has becoming such an issue in regards to a lack of sleep that it's beginning to affect my performance at work (a steel plant), where one wrong step could get someone killed. I understand that that is no one else's problem other than mine, but getting a good sleep would mean I could do my job without having to worry about how tired I am.

Perhaps I'm in the wrong but it seems to me that I am not asking much by requesting that if the children upstairs would like the play inside the house, that they do the stomping, running and screaming on the top floor, not the main floor, so that I can rest for a few hours during the day. They also have access to the backyard and front-yard, as well as a park no more than a 2 minute walk down the road.

I am in my early 20's and am just starting off on my own. If I had the means to pay out the remainder of my lease and leave, I would.

My question is do I have any grounds to break the lease, am I right in my expectations or am I missing something?

Thanks for your time reading this, all comments are welcome.
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Moderator
Moderator
Moderator
Posts: 2670


Posted On: 25 days ago
Moderator
Moderator
Moderator
Posts: 2670
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and that you would be interested in finding out what your rights are in this situation.

It is best that you contact the nearest Community Legal Clinic for some advice regarding your situation and what your rights are.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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