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devonca

Downstairs neighbor being unreasonable w/ noise...

devonca
13 years ago

My downstairs neighbor has a problem with me - although they have never come up and spoken with me personally to address the problem (which I would have been more receptive to then them pounding on the ceiling).

I consider myself to be a very noise-conscious neighbor. My daughter (9 years old) and I don't wear shoes in the unit, I only vaccuum when I get home from work (6pm), I have a rug over the carpet in my living room, etc.

I don't listen to music past 8pm on weeknights and past 9pm on weekends. I listen to my music from my computer and the speakers aren't even on the floor.

Apparently, my neighbor has a problem with this. I have had my music on (not even that loud) on a Saturday afternoon and they would pound on the ceiling! Like I mentioned before, I NEVER listen to my music at unreasonable hours. And when I do have the music on, it's not like it's got a lot of bass!

I don't know what their deal is? They've never approached me on it, only pounded on the ceiling. They have done this too while my boyfriend and I are talking in my bedroom. However, when I can hear them (which I understand happens when living in apartments!!) I don't care and it's not like I stomp on the floor!

Anyways, the following is a letter I was thinking of slipping under their door, let me know what you think, please:

"It seems to me that we may have an issue between us regarding the level of noise you perceive as being excessive coming from my unit. I consider myself a noise-conscious neighbor and never play my music at night time (defined by California Civil Code Section 3482.1 4: "Nighttime means between the hours of 10 pm and 7 am"; per the Cal-Western Apartment Rules: "10pm until 9am are sleeping hours"). However, I do not think itÂs rude to play music during the daytime at a reasonable volume during sensible hours, on a weekend and/or weeknights before 8pm.

Since I donÂt have the ability to levitate and float across the floors, noises created by walking around my unit is unavoidable. My daughter and I cannot avoid walking around our unit and doing normal day-to-day activities. I will try to keep my voice down at night, but I find it impossible to avoid talking at all. I ask you to please extend the same courtesy to me.

I am asking that you please refrain from pounding on your ceiling as it startles my daughter and does nothing to solve the frustrations you may have.

According to California Noise Ordinance (10.16.020 Disturbing noises designated. Prior code § 4232; Ord. 24198. - attached), some unlawful noises consist of:

"5. The playing or operating of any radio, phonograph, orchestra or other musical device or instrument in a manner that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates; and

6. Disturbing or unreasonably loud shouting, screaming, wailing or other vocalization that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates."

Please let me know if you would like to discuss this matter further. I am open to suggestions you may have to compromise so we can all live peacefully and without resentment. I would rather be contacted either in person or by email."

Should I slip this letter under their door?

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