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 spunky4u
Joined: 1/29/2006
Msg: 1
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Loud walking upstairs neighbour *Help*Page 1 of 3    (1, 2, 3)
I have been going through a very difficult time with a very loud walking neighbour who lives above me. The floors are hard wood with no carpeting and the neighbour walks very hard heel first on the floor. I can literally hear every single step as the walking makes a loud stomping sound across my ceiling. I am so stressed out and have tried everything to have them be more considerate regarding the issue but they don't seem to care. Does anyone have any suggestions as to what I can do or buy to absorb the noise? I really like where I live and don't want to move. I'm renting so I can't do anything permanent. I wonder if there is something I can buy in a long roll or panels of some sort that I can somehow put up on the ceiling? Gawd I just need some peace and quiet in my place. I hate that this is consuming my life as I don't look forward to coming home from work because I don't know what I'm going to be in for.
Thank you for any suggestions.
 IgorFrankensteen
Joined: 6/29/2009
Msg: 2
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Loud walking upstairs neighbour *Help*
Posted: 8/6/2011 6:17:03 PM
The only thing I can think of, would be to add a suspended ceiling, with insulation. If your ceiling is already low, you're out of luck, and of course there's the cost. This would quiet things somewhat.

There's also the possibility of hiring either a kidnapper, or a hit man (or hit woman) to eliminate the problem more directly, but I would imagine that if you could afford THAT option, you'd be able to move to a new place.
 Lint Spotter
Joined: 8/27/2009
Msg: 3
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Loud walking upstairs neighbour *Help*
Posted: 8/6/2011 6:23:17 PM
You cannot stop another person from enjoying their home. The fact that they walk on their heels is very unfortunate. Perhaps swap apartments if they're the same size and rent?

Other than this... the only option I see is moving out of the building...
 daynadaze
Joined: 2/11/2008
Msg: 4
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Loud walking upstairs neighbour *Help*
Posted: 8/6/2011 9:16:23 PM
Earplugs

Unless your upstairs neighbor is doing something against the lease you are out of luck. You can have the landlord come in and listen but I would imagine that would put you on their coo-coo list.
 Molly Maude
Joined: 9/11/2008
Msg: 5
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Loud walking upstairs neighbour *Help*
Posted: 8/7/2011 2:52:13 AM
do you know your upstairs neighbor? have you spoken with him/her/them?

when I was the upstairs neighbor once, long, long time ago ... the downstairs neighbor came up, knocked on my door and told me that I was making quite a bit of noise in the afternoons when she was trying to put her little one down for a nap ... I thought that was odd because I worked all day, across town ... and my kids had been off, vacationing with their Dad for a couple of months ...

turned out, that was the special playtime for the kittens I'd just gotten ... they liked to run up and down the furniture, bumping and jumping, generally making (apparently) quite a bit of noise!

the ex brought the kids home, I explained the situation, the boys kept the kittens otherwise entertained ... the downstairs neighbor got her baby to sleep ... all was well in our little world ...

or you could buy the upstairs neighbors LOTS of carpeting with THICK padding ...



or you could also rent the upstairs apartment and build a staircase between the two apartments ...

or ... nope ... I'm out of stupid ideas!
 Lint Spotter
Joined: 8/27/2009
Msg: 6
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Loud walking upstairs neighbour *Help*
Posted: 8/7/2011 1:55:35 PM
Let's hope the OP has more sense than to listen to this:
Wait until they are asleep and start playing some really loud music.
or this:
Try lying on the floor and bouncing a Softball of the ceiling for an hour or so...!!!
Either of which would end up in a charge of harassment if she actually put them into play.

 HDready10
Joined: 3/13/2009
Msg: 7
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Loud walking upstairs neighbour *Help*
Posted: 8/7/2011 2:18:25 PM
i use to live in apartments and if i had an annoying neighbor i would ignore him. eventually he would move. now if my neighbor was a female that would not bother me.

bad neighbors dont seem to hang around long. i always considered it a test.
 Casper66
Joined: 3/2/2007
Msg: 8
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Loud walking upstairs neighbour *Help*
Posted: 8/7/2011 2:32:33 PM
OP, thou I sympathize with you since I work shiftwork and trying to sleep during the day with all the normal noise that goes can be difficult, it is unrealistic to expect your neighbours to walk around on tip toes. I use good quality earplugs while trying to sleep, if you are bothered during the evening try a fan or something for background noise you can focus on instead of the walking noise overhead or as suggest try asking them to put down an area rug.
 spunky4u
Joined: 1/29/2006
Msg: 9
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Loud walking upstairs neighbour *Help*
Posted: 8/8/2011 4:36:35 PM
I live in a highrise on the second highest floor of this building and the noisy neighbour is on the top floor. He moved in a few months ago so I did not know this would be a problem. I have talked to the management office on several occasions and they sent the tenant letters and I've also gone up and tried talking with the tenant. The noise I've had to put up with is loud music, shouting off the balcony, dragging of furniture across the floor, and very loud walking. The only thing that has pipped down is the loud music because I called the superintendent. When you have to listent to the constant foot stomping acorss your ceiling whenever you're home especially when you're trying to sleep it's very stressful. Yes I have my air-conditioner on to try and drown out the sound but they walk so hard I can hear it regardless. Earplugs are no good either. It's easy for other people to say just move but I just moved here a year ago and I really love my view and the area. I also offered to the management office to pay for some carpets in the tenant's apartment but the tenant refused. Thanks for everyone's input guess I'll have to stick it out for awhile and see what happens.
 chemosaby
Joined: 1/1/2011
Msg: 10
Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 2:41:33 PM
Been there. Wouldn't pay my rent till they kicked him out. They wouldn't. After 3 months of not paying, I moved and they never asked for the rent. They knew I was in the right to do so. My advice..move.
 spunky4u
Joined: 1/29/2006
Msg: 11
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 4:46:15 PM
Thanks everyone for the great replies and advise. I have spoken to my landlord several times and he has written up letters and spoke to this tenant on a few occasions. He was suppose to send them another letter last week reminding the tenant to keep it down but when I asked him to confirm whether or not it was sent, he said he thought it had been sent by the superintendant unfortunately it was sitting on the floor beside his desk in his office when he came in on Monday but that he had delivered in person Monday afternoon. In fact, this morning I put a letter of my own in their mailbox advising them I would help pay for carpeting in their apartment and that if they wanted to discuss this further to drop by - I even gave them my mobile number if they preferred to call me. I wish I could afford a small house but some of us are just trying to get by on our own. It's not easy trying to find a place on the top floor of a building but the more I put up with this noise, the more it motivates me to try and be out of here next year (I don't want to move in the winter). The landlord has told me that the lease agreement is useless unless I want to take them to provincial court and sue. There is indeed a clause in the lease which I presented to the landlord along the lines of if another tenant causes unreasonable noise carpets or broadloom should be installed. He also mentioned that they do not have the power to enfore another tenant to install any type of carpeting in their apartment. I do get to the point where I'd love to get some revenge and see how they would enjoy listening to some really annoying irratating noise every day but I don't want them to make it worse for me. I wish there was some type of gadget I could buy to put somewhere up against the ceiling that made a really annoying sound which I could turn on all day while I'm at work which would drive the tenant upstairs crazy as they work from home. I hate to be so childish but I get so angry. If anyone can think of something from a home hardware store or elsewhere I'd be greatful.
 spunky4u
Joined: 1/29/2006
Msg: 12
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 5:58:18 PM
Our lease agreement states:
NOISE: The tenant shall not cause, permit or suffer any noise or interference which is disturbing to the comfort or reasonable enjoyment of the Rented Premises by the Landlord or any other tenant.
FLOOR COVERING: All floors shall be covered by carpets, rugs, broadloom or other soft coverings so as to suppress any noise that might disturb other tenants or occupants.

When I bring this up with the landlord he keeps saying something about common law supercedes provincial law or something of this nature. What I believe I'd have to do and what he may be getting at is that I would have to sue property management for breaking a condition in the contract (not upholding a clause in the contract) which is to install carpets in the noisy neighbours apartment which I have been seeking for them to do for the last few months. I wish I had a friend who was a lawyer or paralegal it would be great to get some actual real legal advice.
 spunky4u
Joined: 1/29/2006
Msg: 13
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 6:20:33 PM
You people are the best!!! Fishies to the rescue awwwww thanks!

I have looked at taking this to the Rental Tribunal.

This is what my landlord stated to me recently:
I did request that the tenant above you put area carpets in the unit but she has declined. I asked the Landlord Tenant Board if there is anything I can do to legally enforce this and they said no.

Hmmmm.....what to do what to do
 spunky4u
Joined: 1/29/2006
Msg: 14
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 6:42:26 PM
Yes they have the same lease agreement because I only moved in here a year ago and the tenant above me moved in on May 1st. I have spoken to a few other tenants in the building and they do not hear anyone above them at all. I have a large area carpet in my own apartment which covers most of the living room area.

The tenant above me is a heel walker and because they walk so heavy on the hardwood floors it causes a really loud stomping sound whenever they walk. I can hear every single footstep and it goes on and off throughout the night until they go to sleep. It's really bad on the weekends if I'm home during the day and evening. I don't even invite any of my friends/family over because it's so distracting. I try to turn my TV up and put my air-conditioner on but I can still hear it loud and clear.

I actually offered to pay the whole price some carpets but the tenant does not want carpets. I can't imagine how bad it's going to be when the weather starts to get cold and they are home all the time with their friends over.
 spunky4u
Joined: 1/29/2006
Msg: 15
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 6:50:02 PM
Saharam...Yes I actually looked at one of the other tenant's lease agreement and it is the same. I guess they are standard lease agreements used in a lot of the rental apartments. I also talked with someone I know who used to live in an apartment building and they also had this statement in their lease.
 spunky4u
Joined: 1/29/2006
Msg: 16
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 7:04:07 PM
VelmaVelento...Thank you so much for your help.

I wonder if a recorder would pick up such a sound though. I have a recorder on my mobile phone but it does not pick up this type of noise. Your not going to believe this but the landlord himself has attested to the noise from the walking after listening to it in my apartment (of course he called the tenant to tell them he was going to listen to them walking from my apartment so the tenant did not walk as loudly as they usually do and the only walked for a few seconds). I also have had another tenant over to my place on a few occasions and heard the very loud stomping noise as well as loud music, shouting, and singing that went on after midnight on a Sunday evening and on another occasion.

Do you really think this would be worth pursuing in court? Do you think I'd have a chance at compensation as well as the enforcement of carpets for all the stress, anxiety and lack of sleep and not being able to enjoy my apartment that I pay quite a bit for in rent?
 spunky4u
Joined: 1/29/2006
Msg: 17
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 7:26:11 PM
Velma...Excellent points you presented in a previous post. I do believe the landlord is trying to make me feel as though I have no resourse or hope that I will just move.

I have searched the Rental Tribunal website for other similar cases involving noise and there seem to be a few favourable cases where the landlord was held accountable.

I have to decide at this point whether I want to sue the landlord in civil court which would take a long time or file a T2 with the Rental Tribunal to seek the enforecement of carpets. To hire a lawyer would cost a lot of money to only seek the carpets. I don't even think they would want to bother with a small case like mine.

I looked up some recorders online and the ones that would pick up this type of sound are very expensive. I may just take them to the Rental Tribunal instead and have the other tenant that has witnessed the noise sign an affidavid. I hope this will be enough along with my well documented noise log over the past few months. I also have all the emails between myself and the landlord regarding all my complaints about the noise.

If there is anything else someone can suggest or advise me on I would really appreciate it.
 spunky4u
Joined: 1/29/2006
Msg: 18
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 7:37:43 PM
Irregulator - Wow! I can't thank you enough for all the help - that's amazing. I will look over some of those links you provided.

Yes I should have been putting everything in writing and cc'ing the board. The letter I sent yesterday to the tenant I also sent to the landlord (I cc'd the landlord on the letter). In the letter which was 1 page of all the noise issues I've been having to deal with, I advised the tenant that I will be taking this to the Tribunal should there be no resolve in the next month or so. I also mentioned that I had offered to pay for carpets in their apartment but had been informed by management that they declined. I have not heard anything back as of yet.

I'm a little nervous going to the Tribunal alone when the landlord will most likely have their paralegal and maybe the superintendant with them.
 spunky4u
Joined: 1/29/2006
Msg: 19
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Loud walking upstairs neighbour *Help*
Posted: 8/9/2011 7:55:18 PM
Velma Velento - That's the problem it's hard to ask anyone to take time off work to come with me. I may be able to get the other tenant in my building to come as they are also experiencing noise issues in their apartment with another tenant playing their music really loud. I would love to be able to call the police but I doubt they would come out because I hear someone walking really heavily. I should have called them when the loud music and shouting was going on but I called the superintendant instead who did say he heard the noise and it was very loud. Like you stated, I'd hate to call the police and the tenant sits down and does not walk around for the time the police are in my apartment or worse case, they go out. Actually they never go out I hear the tenant home with their friends over almost every night.

I will post more another night as I need to get to bed now lol - darn I just heard the walking again:( hopefully I can sleep.

Thanks everyone have a nice evening.
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