Legal Question in Real Estate Law in Idaho

How do I abolish a wright up for the apartment I am living in?

My wife and I have lived in this down stares apartment for the past 10 months and have had many problems with the neighbor that lives above us. After the first week we moved in the neighbor would make allot of noise walking around her apartment. Her son would run back and forth and rock the entire building we live in. My wife and I have contacted the manager concerning this and nothing mutch has happened. Just today my wife who is now pregnate was rudelly awakenned by the noisey neighbor. She pounded back on the wall and said "Havs some respect". Well now the manager has contacted us and stated that she is going to wright us up for loud noises. What can we do to prove to the manager that we were just trying to sleep? The noise has been between 2:30pm to about 10:00pm. We have asked other tennants in our building if they have herd the noise and they have said that they have but don't want to complane because they are afrade that the manager will wright them up. The manager has told us that if we complane again we will be avicted.


Asked on 12/10/99, 2:22 am

1 Answer from Attorneys
Jeffery Hess Hawkins-Smith

Re: How do I abolish a wright up for the apartment I am living in?

This all dependes on if you have a long term lease. That is, if it is more than month to month. The first place to determine if you are within your rights is to look at the lease terms.

It sounds like you need to have some independent witnesses to the sounds and who will be willing to testify to the disturbing nature of the sounds. However, if they are starting in the afternoon and ending at ten at night it is harder to argue that the noise is disturbing what is your right to what is known as "quiet enjoyment" which, by the way means a lot more that quiet as in noise.

If you still want to live in the apartment seek legal help. There are a number of tenant's rights advocates and agencies in Idaho. Call the State Bar Association in Boise to get a referel that meets your needs.

Good luck.

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Answered on 12/13/99, 9:29 am


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