Please advices

[sa_wood]

Hi,

Here is my situation. I live in the apartment with my wife. Actually, I have a problem with my new neighbor up stair because they have a small child who is around one year old. Now, he is starting walking and running in the apartment the whole day from 6:30 am to 10:30 PM. I am at down stair. I hear all the noise of his step and I can not support it anymore especially in the morning at weekend and night from 9:00 PM. So, I went to talk gently with the neighbor two times about this problem. I asked them to not let the child running in morning at 6:30 AM at weekend and at night from 9:00 PM because my wife and I need to go to bed. But they don't listen to us and told us that they can not do anything with the child about 1 year old. I talked with the owner and he tried to help but nothing can improve. My question: what should I do in this case? Is it normal that all the children run in the apartment?

Please give some advices

[Nikita]

Lighten up! Kids have to live somewhere too. Kids make noise. That's life, get some earplugs...or move (but even then you may find kids living whereever you move).

[Frankie3s]

This is a losing situation. Especially since it really isn't a noise complaint and of course the kid is going to want to walk and run. Your only alternative is to move or to get really good ear plugs for when you go to bed.

Maybe ask the parents to get the kid a PS3? That should do it.

[pupazzo]

Get a broom stick and hit the ceiling like the old lady in Family Guy lol

[kilarney]

Here is my situation. I live in the apartment with my wife. Actually, I have a problem with my new neighbor up stair because they have a small child who is around one year old. Now, he is starting walking and running in the apartment the whole day from 6:30 am to 10:30 PM. I am at down stair. I hear all the noise of his step and I can not support it anymore especially in the morning at weekend and night from 9:00 PM. So, I went to talk gently with the neighbor two times about this problem. I asked them to not let the child running in morning at 6:30 AM at weekend and at night from 9:00 PM because my wife and I need to go to bed. But they don't listen to us and told us that they can not do anything with the child about 1 year old. I talked with the owner and he tried to help but nothing can improve. My question: what should I do in this case? Is it normal that all the children run in the apartment?

So you're saying you've never run around the house, yard or whatever when you were little?

Look, kids will be kids. They will run around, make noise, explore or whatever. You just got to live with it whether it is through earplugs, nyquill or tolerance. The family upstairs is most likely trying their best to control their children and try to be a good tenant. Maybe, you should be more considerate.

[Spidey]

Poor Mr. Heckels

[thomsonst780]

Lighten up! Kids have to live somewhere too. Kids make noise. That's life, get some earplugs...or move (but even then you may find kids living whereever you move).

He's paying rent and is entitled to rest and relaxation in his own home. It's in the tenacy act about the right you have to this enjoyment you pay for. Quiet time before 8am and after 8pm is reasonable.

Leave a note with upstairs people about it.

if it fails

Put it in writing to the landlord and give it one week.

if it fails

Put it in writing to the landlord and tell him you will be going to the tenancy branch for a reduction in rent based on his failure to provide a quiet place for renting. give it one week.

if it fails go to the tenancy branch and file a grievance to reduce the rent. In BC there are tenant advocacy groups online to assist. Look into them/

Also videotape the noise with a video camera to show the noise level and the times (film your TV channel with date and time). Do it every time this occurs during unreasonable hours. You will need this sort of evidence to win. The tenancy branch accepts video on dvd as evidence.


You work hard for your money and decent sleep and low stress is important in your day to day functioning; if your landlord can't help and those parents don't know how to raise a child that can behave without offending others you have no choice but to exercise your rights.

Good luck and be bullied by these lazy parental "my kids are so precious they can do what the hell they want" types.

And Nikita, your reply was pretty lame. How you got that award here on RFD must of been from years ago or somethin....

[Nikita]

He's paying rent and is entitled to rest and relaxation in his own home. It's in the tenacy act about the right you have to this enjoyment you pay for. Quiet time before 8am and after 8pm is reasonable.

So are the people upstairs with the child.

Leave a note with upstairs people about it.

if it fails

Put it in writing to the landlord and give it one week.

if it fails

Put it in writing to the landlord and tell him you will be going to the tenancy branch for a reduction in rent based on his failure to provide a quiet place for renting. give it one week.

if it fails go to the tenancy branch and file a grievance to reduce the rent. In BC there are tenant advocacy groups online to assist. Look into them


You work hard for your money and decent sleep and low stress is important in your day to day functioning; if your landlord can't help and those parents don't know how to raise a child that can behave without offending others you have no choice but to exercise your rights.

Good luck and be bullied by these lazy parental "my kids are so precious they can do what the hell they want" types.

And Nikita, your reply was pretty lame. How you got that award here on RFD must of been from years ago or somethin....

Actually my answer was realistic and the award was last year . Unless this child is causing some huge unusual disturbance, it's a waste of time and money to litigate this. This isn't an adult only building obviously so the OP is not entitled to a 'kid noise free zone'. The kid is doing what kids do, nothing unusual and normal kid noise will not be considered interfering with 'quiet enjoyment of the premises' (the phrase I think you were looking for). Quiet time between 8:00 pm and 8:00 am? Now that's lame...lol! And you obviously pulled it out of your ass because there is no such law.

If the OP wanted total peace and quiet he/she should have moved into an adult only building, like I did. He didn't, now he has kid noise...and little if nothing he can do about it except leave or use earplugs. But trying to get a rent reduction for normal kid noise in a building where kids live? Now that's what's lame. Cuz it just isn't going to happen.

[thomsonst780]

So are the people upstairs with the child.





If the OP wanted total peace and quiet he/she should have moved into an adult only building, like I did. He didn't, now he has kid noise...and little if nothing he can do about it except leave or use earplugs. But trying to get a rent reduction for normal kid noise in a building where kids live? Now that's what's lame. Cuz it just isn't going to happen.

He's not complaining about a child. He's complaining about noise at unreasonable times. No difference that is a child. Maybe you should learn how to look at the problem as a whole, not just one part.

Do I have use bold and caps for you to re-read the part about unreasonable times?

The right to enjoyment of quiet times is well documented, perhaps you need to expand your education.

http://docs.google.com/gview?a=v&q=c...ch&hl=en&gl=ca

[Nikita]

He's not complaining about a child. He's complaining about noise at unreasonable times. No difference that is a child. Maybe you should learn how to look at the problem as a whole, not just one part.

He's complaining about normal child noise at what only you consider an unreasonable time. I can assure you the court will consider the fact that it's a child and will consider that 10:30 at night is not a reasonable time to be complaining about any kind of noise.

Maybe you should learn to look at a legal problem as a legal problem, not as a personal one, especially if you're purporting to dispense legal advice.

Damn, would you stop editing after I've replied!

I hardly need you telling me what 'quiet enjoyment' entails (again, that's the term you're looking for, believe me) because that IS my education, and it doesn't need to be expanded anymore than it already is. Now if you expand yours by a few years, you might actually understand what I'm saying.

[Maxman]

Seriously - the sound of a ONE YEAR OLD running is keeping you up?

How much does this kid weigh?

[thomsonst780]

Seriously - the sound of a ONE YEAR OLD running is keeping you up?

How much does this kid weigh?

If its thin hardwood floors it's going to be pretty loud even if the kid is 20 pounds. Don't forget people are trying to sleep here.

[sa_wood]

He's not complaining about a child. He's complaining about noise at unreasonable times. No difference that is a child. Maybe you should learn how to look at the problem as a whole, not just one part.

Do I have use bold and caps for you to re-read the part about unreasonable times?

The right to enjoyment of quiet times is well documented, perhaps you need to expand your education.

http://docs.google.com/gview?a=v&q=c...ch&hl=en&gl=ca

Thank thomsonst780 for your advice. Yes, I understand that the kid make noise normally but I ask for the reasonable time because I also pays my rent and I need to go to work.

[YYZFA]

It's just a small child. I don't think it's unreasonable noise. It's the way it is. Upstairs from me, the couple is preparing to have their first child. The floors seem to be very thin, as I can hear their footsteps, and even sometimes, their conversations.

I expect that the child crying in the middle of the night will disturb me, as I am on shift work. There is nothing I can do about it.

I may move out if it is the case. They can't prevent a baby from making noise. It's only a baby.

[Squiggles]

I don't think it is reasonable for you to expect anything to be done about someone moving around in their own apartment. Your neighbor is not making the noise maliciously, and really has no way of stopping their child from running around (unless you want them to put him in a cage or something, but I think Child Protective Services frowns on that sort of thing). In our apartment, we have issues with people smoking on their balconies and it coming in our window, and other minor frustrations, but that is just the price of living in an apartment. If anything, your building is poorly sound insulated and that's just the way it is. I understand your frustration, but you have two options:
1. Suck it up
2. Move