Rental Basics in Miami>Question Details

Sandy, Home Seller in Miami Shores, FL

I live in my own condo and the person upstairs is a renter and makes loud noise

Asked by Sandy, Miami Shores, FL Wed Mar 11, 2009

with the furniture on the tile floors. I have gone up there but i was told not to come back again, even though i
thought i was nice. Whatever happened to cushion pads under the furniture? I had no choice but to go to
the condo building manager since i am the owner and suggested for him to give the rent er these cushions
that i went and bought. Ok, the noise got better for about a month. Now the chairs and whatever moves
again very loud, these condos have tile floor it's horrible.
The last time the tenant went down there and complaint about me because i am complaining? Yes.
What should i do, i am going cray with the noise and just give away my condo as a shortsale.
Can that tenant take me to court even though i am the one complaining?

Help the community by answering this question:


Theoretically, yes, the tenant could take you to court. Anyone can sue anyone in this free country. (Consult a lawyer regarding how likely it is that they would win relief)

Okay, so with that said, chairs moving is a part of daily living, and while it might be nice if they were to do so more quietly, the fact is that apparently the sound is bothering you. And unfortunately, that's really a problem for you (remember, they don't see this as a problem). Have you taken any steps to see what you can do to reduce the noise in your unit? Or have you tried using a white noise machine or other method to mask it?

If it were me, I think the smartest course of action would be to get one of the decorators catalogs, write a note on it that you'd like them to pick out an area rug of their choice no more than a certain amount of money, and you'll pay for it. While you shouldn't have to go $300 out of pocket for their decor, it seems like a small enough price to pay for peace of mind.

0 votes Thank Flag Link Sun Mar 18, 2012
If the noises you hear are just someone walking through the unit above, or shifting furniture (like a dining chair) then you may just have to live with it. In my mind it's unreasonable to ask someone to tip toe through their home.

However, if it's more than normal living type noises (yelling, banging, music, etc), then you definitely have a right go complain. As a condo dweller and landlord here's what I'd recommend;

1) Go talk to your upstairs neighbor again. Tell them you don't want to complain to the owner or association, but you'd like to get along and figure out how you can make things better.

2) If 1 doesn't work, discuss the issues with the owner of the rental unit. The owner should have something in their lease about the quiet enjoyment of other residents. Ask the owner to talk to their tenants.

3) If 1 and 2 don't work, go back to the condo association and file a complaint. They should discuss the issue with the unit owner.

4) call the police. There's not much they will do, other then tell the renters to be quiet. Although, several police calls would be grounds for the owner of the unit to evict the tenants.

Good luck.
0 votes Thank Flag Link Sun Mar 18, 2012
Ugh. How annoying. You should check with your HOA/Condo Association and see what is required for flooring.
0 votes Thank Flag Link Sun Mar 18, 2012
I am sorry you have to deal with this... Same thing happened to me -- I lived in the same condo for 7 years, until about a year ago, we got a new neighbor who was noisy. I tried everything -- talking (very nicely) to her, police, complaints to owner association.... I research on the web what can be done... I did everything ‘by the book’, but at the end if person above you is not going to cooperate, you are out of luck.
At the end, I sold my condo and moved out.
Sorry, I don't have better news for you...
0 votes Thank Flag Link Mon Mar 16, 2009
Call the police anonymously with a noise complaint. Next, call the owner of the unit above and discuss floor coverings (e.g. carpeting) and mention perhaps screening the next tenant a bit more carefully.
0 votes Thank Flag Link Sat Mar 14, 2009
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