Does the landlord have the right to kick me out?

[stonexu1984]

It's quite a bizarre situation. don't know why, the soundproof of my apartment is EXTREMELY poor, since I sleep quite late (usually 2am-3am) i keep getting complains from the guy living right understairs. He insists hearing the noise i make, TV, music, talking, walk here and there, and even i hit my PC keyboard, which I think is absolutely absurd. The reality is, even if I don't sleep, I am definitely not making noise, there will be some inevitable sounds but not "noise", if i turn on the TV and PC, i am keeping their volume at a very low level, reasonable enough to not make noise, and the sound is unhearable even when i am in the kitchen!

But the landlord says he keeps receiving complains from that guy and he is losing patient, he warned me to control the "noise" and respect other people. I am quite pissed off i told him I can't sleep at 12am i've things to do and this is not my problem, that guy is too vulnerable and sensitive, seems that as long as i don't sleep, he can hear something, as long as there is a little bit sound, even if that just happens for mins he goes to you to complain me!

My lease expires almost 1.5 yrs ago and we didn't renew it. Does the landlord have the rights to kick me out? He says I violate the agreement on the lease, this is unbelievable!

The truth is that if you allowed the lease to expire, he doesn't even need a reason to kick you out. Unless you live under rent control or in NH, the LL needs no reason at all to give you the proper notice to terminate your tenancy. You have no security. If you had a lease, he would have to prove the noise complaints with police reports or such. But no reason or evidence is needed for month to month tenants.

That said, I would go talk calmly to the guy downstairs. See if he will be reasonable. Explain that you are sorry that your schedules do not coincide, but that you must be awake at that hour (for work, education, whatever). Let him know that you make every effort to be quiet and not disturb him. But that the LL never soundproofed the units and there must not be any insulation between the floors. See if the two of you can come to some sort of understanding to your mutual satisfaction. This may include you putting down thick area rugs, him getting a white noise machine to cover your noise, you trying your utmost to be quiet, possibly wearing earphones for music and TV, and him lowering his expectations of noise levels in apartment buildings (this is a very common problem!).

If this doesn't work, then you will have to abide by whatever decision the LL makes. But the LL should be forewarned that if you are being this quiet, he will likely have the same complaints about the next tenant too. Remind the LL that there is no soundproofing between floors. Let him know that you are doing your best to be quiet (outline your steps to him so he can see how reasonable you are). But in future, the downstairs tenant will continue to hear the upstairs tenant. Maybe he wants to install carpeting?

Great advice!!

[stonexu1984]

This is quite disappointing,.. Isn't there any law to protect month to month tenants?

I talked to that guy once and i don't think he is that nice, since if I were him, i wouldn't keep complaining about a little bit sound. I can use the earphone but that's not a long-term plan since that's quite ridiculous, the volume is low enough to convince me that i won't cause "noise", for instance, if the volume you watch news when you have dinner is 20, then I am keeping the volume around 8 at night.

He also complained about the "talk" before, I am living alone these months, my GF live with me before and probably will be back after few months. If he can hear the sound I am creating now, I am pretty sure he can hear any talk between me and my gf, which means, as long as we talk, he will have sth to complain.

what if the LL wants me to leave and I don't? force me out? sue me?

Originally Posted by Unregistered The truth is that if you allowed the lease to expire, he doesn't even need a reason to kick you out. Unless you live under rent control or in NH, the LL needs no reason at all to give you the proper notice to terminate your tenancy. You have no security. If you had a lease, he would have to prove the noise complaints with police reports or such. But no reason or evidence is needed for month to month tenants. That said, I would go talk calmly to the guy downstairs. See if he will be reasonable. Explain that you are sorry that your schedules do not coincide, but that you must be awake at that hour (for work, education, whatever). Let him know that you make every effort to be quiet and not disturb him. But that the LL never soundproofed the units and there must not be any insulation between the floors. See if the two of you can come to some sort of understanding to your mutual satisfaction. This may include you putting down thick area rugs, him getting a white noise machine to cover your noise, you trying your utmost to be quiet, possibly wearing earphones for music and TV, and him lowering his expectations of noise levels in apartment buildings (this is a very common problem!). If this doesn't work, then you will have to abide by whatever decision the LL makes. But the LL should be forewarned that if you are being this quiet, he will likely have the same complaints about the next tenant too. Remind the LL that there is no soundproofing between floors. Let him know that you are doing your best to be quiet (outline your steps to him so he can see how reasonable you are). But in future, the downstairs tenant will continue to hear the upstairs tenant. Maybe he wants to install carpeting?

[sandyclaus]

Originally Posted by stonexu1984 This is quite disappointing,.. Isn't there any law to protect month to month tenants? I talked to that guy once and i don't think he is that nice, since if I were him, i wouldn't keep complaining about a little bit sound. I can use the earphone but that's not a long-term plan since that's quite ridiculous, the volume is low enough to convince me that i won't cause "noise", for instance, if the volume you watch news when you have dinner is 20, then I am keeping the volume around 8 at night. He also complained about the "talk" before, I am living alone these months, my GF live with me before and probably will be back after few months. If he can hear the sound I am creating now, I am pretty sure he can hear any talk between me and my gf, which means, as long as we talk, he will have sth to complain. what if the LL wants me to leave and I don't? force me out? sue me?

If LL really wants you out, he can force you by evicting you.

Have you tried talking to LL about the fact that there is no soundproofing in the floor between the 2 units? Has LL taken the opportunity to investigate so he can experience what the downstairs neighbor is really complaining about? Previous poster is right - if there is a problem with you, this will continue to be an issue with the next tenant who replaces you, as long as that downstairs tenant still lives there.

If you get no cooperation from the LL, I'd say it's time to move. Your M2M tenancy only gives you a 30 day notice requirement, and why should you have to go thru an eviction and have that on your record over something you have little control over?

[stonexu1984]

thanks buddy, seems this is the only thing I can do now, I will talk to LL

Originally Posted by sandyclaus If LL really wants you out, he can force you by evicting you. Have you tried talking to LL about the fact that there is no soundproofing in the floor between the 2 units? Has LL taken the opportunity to investigate so he can experience what the downstairs neighbor is really complaining about? Previous poster is right - if there is a problem with you, this will continue to be an issue with the next tenant who replaces you, as long as that downstairs tenant still lives there. If you get no cooperation from the LL, I'd say it's time to move. Your M2M tenancy only gives you a 30 day notice requirement, and why should you have to go thru an eviction and have that on your record over something you have little control over?