Hi Dan. Your mention of noisy neighbors got me to thinking about something.
Every night my roommate and I have to put up with this too. Actually I am
quite used to it from living with noisy au pairs and their friends and such.
But my roommate absolutely can't stand it. The apartment up above us is home to a mother and two of her sons, although one is away at college most of the time and the third son lives in downtown Chicago. At night when all three or even two of them are home, they like to wrestle. My roommate has at times taken it upon himself to go up and pound on their door, and very rudely tell them to please tone it down or cut it out. But I swear every time he does this, I can't hear him because my door is shut. I think he's rather unpopular now since he is so mean to them. They aren't even that loud, at least I don't think they are. It just sounds loud because they're so close by. But they're a very nice family.
BTW, the technicians who were out here said that our server problems were caused by the weather.
----- Original Message ----- From: "The Scarlet Wombat" <coconut@xxxxxxx>
Sent: Tuesday, 13 December, 2005 7:54 AM
Subject: [bct] Noisy neighbors
Hope, your situation may not be hopeless. What? Me, make a pun?
Anyway, where was I before I so rudely interrupted myself. Oh yes, the noisy neighbors above your head.
Since you have tried to resolve the issue with them, there are other directions you may go. First, scan in your lease if you have a scanner and read every word. There may be a noise policy in your apartment complex or a good neighbor policy that is being violated. Next, contact the management and alert them to the continueing problem and, if they seem unresponsive, provide documentation of your medical condition and need for sleep during the reasonable night hours.
If this gets you nowhere, contact the attorney general of your state and seek to learn if there are laws or court decisions regarding tennant rights and noise of other tennants. Several states have laws and court decisions that, basically, tell landlords they are responsible for keeping tennants quiet and orderly.
There is a legal principle in play in all states called "quiet enjoyment." This dates from the old English common law. When you have what is called a leasehold estate, your rental contract, basically, you have the right to quiet enjoyment. Some states take this more seriously than others. I do not know where you are located, so have no clue about your state.
I would suggest recording the child screaming, but in many states, recording another person without their knowledge is illegal, and I'd not want you to run afoul of the law.