Legal Question in Landlord & Tenant Law in Washington

annoying neighbor

My downstairs neighbor has repeatedly told me to be quiet in my apartment. She usually comes up about once a month to tell me that 1)banging the bathroom cabinets 2)too loud in the Kitchen. I was informed by the apartment manager that quiet hours were from 9pm-9am. I don't do anything that a normal person doesn't do. I have been tiptoe-ing around my apartment for two months now and she is still complaining. I have made sure that I don't run the dishwasher,washer,dryer, or clean during these quiet hours, and I have never slammed the cabinets.I know our apartment walls are thin, but come on, I have a life. She always comes up early in the evening, usually between 5-8. Our apartment manager told us that one noisy complaint will get us evicted. I have made an attempt to talk to her, but it is her way only.What can I do to protect myself from an eviction.

Sincerely,

The quiet neighbor upstairs


Asked on 2/16/05, 11:38 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: annoying neighbor

You sound like you are being careful to respect her concerns. I'd just continue to do that, there isn't anything else you need to do to keep your tenancy. You might want to make a note on your calendar as to the times and dates of her complaints.

Do not confuse your apartment manager with a judge. Your apartment manager is making an assertion that may or may not be true. He may be making it very forcefully but that doesn't make the assertion true.

My experience is that apartment managers have an astonishing definition of the word nuisance, which covers a whole host of tenant "sins", but usually is not in accord with the legal definition of a nuisance. In order to be an actual nuisance, you'd have to be running a meth lab or a brothel or a ongoing rave or doing car repair in your unit. Shutting a cupboard just does not rise to the level required to prove nuisance.

ALso, there are formal notices necessary - a 10 day notice to comply with lease terms is required.

Your remedy, unfortunately, is to move. Consider this, as living with difficult neighbors is no fun. Good luck!

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Answered on 2/17/05, 9:57 am


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