A neighbor in apartment complex harasses with constant noise complaints and exaggerate the reality pushing property to evict us.

[Maru]

Jurisdiction

Texas

Situation: my family with two young kids (3.5 and 2 years old) have recently moved in to an apartment on the second floor. I work from home, most of the time my kids stay home with me. We are considered as pretty decent neighbors: I pay rent on time, we have great relationships with property management and neighbors. Except an old woman downstairs. She started to complain about noise right after we moved in. Yes, my kids are playing, sometimes running around or drop something on the floor by accident. Nothing wild. Normal healthy children playing. She call the office to report excessive noise, lies that we increase the noise right after she complains, and even lies about the noise when there is no noise (e.x. my kids are napping). The management offered her to move to another unit on the property and after considering several suggested options she decided to stay in the current one and keep complaining. I have met with the property management several times assuring them we are not guilty in what she accuses us in. Management told me that if we don't find the common ground they will kick her and us out of the property. I'm not ready to move to another unit for at least several more months for personal reasons. And why should I if in reality I don't cause any problem? How can I protect my family from false accusation of this woman and possibly press some charges against her? Thank you!

 

[army judge]

The management offered her to move to another unit on the property and after considering several suggested options she decided to stay in the current one and keep complaining.

There's YOUR solution.
You're a new member of the rental community.
It'll be an extra pain in the "you know what" to move, but moving to a 1st floor apartment in another building will eliminate the immediate issue, and also eliminate a similar issue.

Young kids do make noise, but living in a 1st floor unit will IMMEDIATELY eliminate the "children are noisy" issue for you. You can live in peaceful bliss, especially if the complaints from the whiner no longer pester you.

Talk about it, think about, and choose wisely; you'll never regret it!!!!

 

[adjusterjack]

I'm not ready to move to another unit for at least several more months for personal reasons.

That's a cop out. You do what you have to do when you have to do it. It's called self-preservation.

You aren't going to win this battle with a nasty neighbor. They outlive and outlast you. The longer you wait the worse it's going to get.

See if you can get a first floor unit ASAP.

 

[Zigner]

See if you can get a first floor unit ASAP.

This ^^^

 

[Red Kayak]

Management told me that if we don't find the common ground they will kick her and us out of the property. I'm not ready to move to another unit for at least several more months for personal reasons. And why should I if in reality I don't cause any problem? How can I protect my family from false accusation of this woman and possibly press some charges against her? Thank you!

Because it will take time and money to fight and eviction, and you might not be successful. Having an eviction on your record can cause all sort of problems.

Step 1: Keep property management as happy as possible. Because it's better than being homeless or in emergency housing.

Step 2: Document everything. It does not necessarily have to be in a form that is admissible to court. It does have to be reasonably organized for you. It helps as a reminder of the sequence of events, and there may be details you haven't shared here that are actually relevant. Some people find journaling helpful.

Step 3: Get an initial consult with a lawyer. You need advice on the terms of your lease, etc. And you need perspective on what legal actions against your neighbor might be reasonable (if any).

 

[zddoodah]

And why should I if in reality I don't cause any problem?

If she were here, she'd ask this question: "why should I move just because my upstairs neighbors are unreasonably noisy." She'd also tell us that you're either lying or ignorant about the extent of the noise.

My point is that no one here has any way of knowing who's right and wrong in this scenario. Your neighbor might be unreasonable, but she also might be reasonable and you are oblivious about the extent of the noise your kids are creating. Nor does your landlord have any way of determining who's right and wrong. That's why the solution of evicting the two of you is the most reasonable solution for the landlord.

How can I protect my family from false accusation of this woman and possibly press some charges against her?

Press charges? What crime do you think is being committed? Sometimes you just can't win with neighbors. It's one of the most significant disadvantages of apartment living.

Here's a question: Have you spoken with your neighbor? Have you invited her to visit you in your apartment so she can see what's going on?

 

[justblue]

You might want to place carpeting/area rugs down to dampen the noise from your children.

 

[Red Kayak]

You might want to place carpeting/area rugs down to dampen the noise from your children.

Slippers/barefoot helps.

EVA interlocking Foam Tiles are also a budget option. Get some colorful ones to mark out play areas.