Hello,I live in a two story apartment building and I live in the bottom apartment. My upstairs neighbor is constantly stomping and making un...

Question

Hello,

I live in a two story apartment building and I live in the bottom apartment. My upstairs neighbor is constantly stomping and making unneccessary noise,which gets worse when she has company. I have approached her, she responded by saying, "I don't think I'm making that much noise." Per her response I concluded that I "lost the battle" and I was not going to argue with her. I simply walked away...shaking my head...in an attempt to not have things escalate. I would talk to the apartment manager, but, again I would be wasting my breath. I have endured her inconsideration for quite a few months and I am frankly fed up. Is there anything I can do legally or otherwise to solve this problem.

Thank you for your time.

Alicia g. Wingo

Answer

You did the right thing by first going to your neighbor, but I'm confused as to why you assume you'll be "wasting [your] breath" by talking to the apartment manager. Technically, you could sue your upstairs neighbor for creating a private nuisance, but the much cheaper and simpler answer would be to talk to raise your concerns with the manager. If he or she fails to rectify the problem, you may have a cause of action for breach of the implied covenant of quiet enjoyment, but you should certainly give him or her the opportunity to confront the neighbor.

If the manager refuses to assist or if the neighbor's noise continues after the manager speaks with her, I recommend following up any oral communications with a letter.

*The preceding response for general informational informational purposes only and does not constitute legal advise or establish an attorney/client relationship. If you have additional questions, I recommend you contact an attorney.