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Thread: Neighbor situation

  1. #1

    Default Neighbor situation

    I have a neighbor above me who walks very heavily everytime. It is always a pound or stomp every step. Aside from the heavy footsteps, she seems to be very loud in general - cleaning or whatever she is doing - I always hear banging, screeching, etc. Most days, she will start walking around at 3am and that wakes me up every single time. Sometimes, she is walking around until 1am. I never had a peaceful and quiet day, a restful night. I am just about 2 months in on my contract. I tried talking to her twice in a very polite and civil manner, I actually even apologize for bringing it up. No change after the two talks so I completed the complaint form and submitted to my landlord. Landlord talked to her multiple times, no effect. If anything, she became louder. I may have to move, as landlord indirectly suggested as well. The elephant upstairs wont yield, she does not seem to have any decency, respect and consideration for others. And landlord won't do anything else anymore. I'm doomed.

    Any advice on what else can be done? I prefer not to move. It is such a hassle - effort, time, money.

  2. #2

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    are you in a basement suite or a condo?

  3. #3
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    Realistically, you're not going to change your upstairs' neighbor's behavior. What could you do at this point? File an application in court based on the tort of nuisance for an injunction against her walking around in her apartment? That would be a kafkaesque nightmare.

    Your landlord could try to evict her on the basis of her interfering with your rights of quiet enjoyment to your rental premises, but that is also a difficult and protracted process, and it sounds like your landlord has no interest in taking that path. (And I'm assuming you live in an apartment building, and that you're not renting a condo from its owner.)

    If your landlord is offering you the chance to leave at no penalty, that may be the least bad option to achieve your objective of peace and quiet.
    Last edited by JamesL; 29-11-2018 at 10:18 PM.
    “Son, one day this will be an iconic structure shaping Edmonton’s skyline.”

  4. #4

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    Second level of a three-floor apartment.

  5. #5

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    So i wouldnt really have a case to pursue here? Even if i get all the proof of the noise in the middle of the night or get a witness?

    The landlord dismissed the idea of eviction because she said she is not 100% sure that the noise is from upstairs, even after providing several recordings and logs.

    I am just so distressed right now. I am lucky to get at least 4 hours of interrupted sleep, I go to work restless and tired, I get migraines almost every day. And yet I am the one who has to leave.

  6. #6

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    Start a romantic relationship so you can sleep in her bed. Problem solved.

  7. #7
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    Quote Originally Posted by canuckyeg View Post
    Start a romantic relationship so you can sleep in her bed. Problem solved.
    We have a winner.

  8. #8
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    Quote Originally Posted by canuckyeg View Post
    Start a romantic relationship so you can sleep in her bed. Problem solved.
    But you heard the young lad, she's an elephant.....I'd sooner move.

  9. #9
    I'd rather C2E than work!
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    What type of building do you live in? Apartment, house, wood-frame or cement?
    They're going to park their car over there. You're going to park your car over here. Get it?

  10. #10

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    i live in a second-floor unit of a three-floor apartment...

  11. #11

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    apartment with hardwood floors...
    based from what i was told by other neighbors who lives there longer, carpets were just removed on all units this year.
    therefore, there won't be anything to absorb any noise or sound at all and so you can hear everything loudly.

  12. #12

    Default

    i know it will be a long and grueling process to fight for my case (if there is anything to fight for).
    i just have not yet accepted the fact that i (who is the one suffering and have complained about it) will be the one to move out.

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