[japes317]

This is my first time posting. I wish I could just focus on how happy I am about the election results (Yes We Did!) but right now I am going through an extremely troubling time.

My fiance and I moved into our apartment in July. In the 3.5 months that have passed since then, we've come to find out that we have a downstairs neighbor who is out of her mind.

A rough summary of what we've gone through:

-The weekend we moved in, we were subject to several visits by said neighbor, complaining about the noise of moving in. We explained that we were just moving, getting our apartment in order, etc, but she proclaimed that she "must have quiet by 10pm every night". But she complains well before 10pm, at times like 5, 6, 7 at night.

-She has tried to push/force her way into our doorway to find out what is "going on" in our apartment to cause the noise she is hearing. (There is nothing going on except us being alive, i.e. walking from one room to another, or pulling out a chair to sit down.)

-My fiance has had to call the police on her because of her harassment, as she would not leave our doorway and was trying to shove her way in.

-I asked her to please stop coming to my door to bitch at me, and please call me instead. Big mistake, because in the past three days I've heard from her three times to complain.

-Last night, she left me a 5minute plus voicemail about her new plan to "make my life difficult" because I apparently continue to "disturb" her and she doesn't like that I call the landlords and tell them about it. Yes, I saved the message.

We live in an old building, and there is definitely not ample insulation. But I hear noise from the other tenants, and I deal with it. That's just the way it is. But apparently, she doesn't see it that way. I feel anxious all the time, and I have to tiptoe around my apartment constantly. If I accidentally drop something on the floor, my heart skips as I am worried that I will be subject to more harassment by her.

The landlords are 75+ years old, and don't really care about solving the situation. Every time I speak to them about it they just tell me that they'll talk to her. They can't stand her, but she's been there for 6 years and they can't/won't take the steps to get rid of her. Oh and by the way, she has two dogs that bark constantly anytime anyone is in the hallway (which is often) but apparently THAT noise is perfectly acceptable to her.

Is there any possible way that I could convince the landlords to let me get out of the lease early? I can't take this anymore!

[hitokiri]

Freeze a bottle of water, tie a rope to it.

But how does this help us you might ask. It doesnt SOLVE the problem, but it will put a smile on your face.

wait for a nice COLD night. Throw the bottle OUT of your window while holding the string. Make sure you arc it real good so when the string tightens, it swings into and through her window. Pull the bottle back up quick and tip toe to bed. No evidence around! lol

Ok, seriously... wrong move giving her your #. Although you can use it as an example of harassment to show the police. Then have the police make your landlords to do something... maybe even get a restraining order if it gets nuts.

If she tries to force her way into your apt again, give her a good palm to the nose

You are in a rough situation, but you should play it smart and brush up on every renting law in NYC you can get your hands on and use it to your advantage.

If you want to get even more childish, put some guerrilla glue into the key holes of her door lol

[Underhill_MT]

Harrassment is harrassment. I'd think that there would be some provision for breaking a lease based on unfit living situations - including harrassment. If the landlord doesn't want to fix the problem then it would seem fair to let you out of your lease. If I were you I'd talk to them about it, tell them you want to move because the neighbor is harrassing you and your fiance incessantly and that you'll give ample notice when you've found another apartment. Sorry I don't have actual lease facts to back that up, but you said your LLs are older folks who seem to own the bldg, so I think it's worth having a talk with them about it.

For the record, this totally blows and I'm so sorry you have to deal with her! I had a crazy downstairs lady once. She used to take pictures of me coming in and out of the apartment... and when I confronted her about it one day on my way to the grocery she ran into her apartment as if she were afraid of me. When I returned there were cops waiting for me. They laughed, helped me carry my groceries upstairs, then told me that she's nuts and to ignore her best I could. Ugh.
_________________
Be the change you want to see in the... neighborhood.

[bohuma]

I have a few suggestions. If you have the time, go down to the housing court and talk to one of the tenant advocates. You have a warrant of habitability that crazylady maybe breaching. If she is this may enable you to take action against your landlords, including asking the Housing Court to void your lease. You need to make sure that you've got 80% of your floor covered with carpet/rugs to avoid a counterclaim by your landlords. You should tell your landlords that you intend to seek legal advice, this may prompt them to do something. Age is no excuse for not fulfilling their responsibilities as landlords. I am sure you are not the first tenants crazylady has harassed.

Calling the police when she tries to trespass is a good idea, but unless she assaults you or breaks into your apartment, they're only likely to continue to warn her.

You should hang up on her whenever she calls you. Check the peephole before answering the door, and if it's her tell her to go away.

You could try using the most profane language imaginable when talking to her/yelling at her, but this is unlikely to cause her to desist, and she may call the cops on you. You never know though, greeting her as "c-nt face" and telling her to "f--k off" every time she comes to the door may work.

[RockerGirl77]

Wow. What a crazy bitch. You're nicer than me - I would put the fear of God into that woman so fast she wouldn't know what happened. You should start knocking on her door and yelling at her every time one of her dogs barks. Turn the tables and maybe she'll shut up.

** Disclaimer: I am better at escalating bad situations than I am solving them.

[Mpmav1]

Can't you get a protection order against her? Ya, she's downstairs... but this seems to be harassment and likely grounds for a protection order.
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Did Someone Say Walk?

[hitokiri]

[LongTimeSloper]

Is she very old? maybe she is losing her mind and needs some help. Be a good neighbor and call elderly services for her

And those dogs barking all day? They are obviously being abused or not being fed, call the humane society.

[bohuma]

[quote="hitokiri"]

[whynot_31]

you'll need to show that she has a repetitive pattern of harrassment before you are able to get an order of protection from Criminal Court, so I'd scratch that idea off the list.

If she committs a serious crime against you, you can get an order of protection, but until then, not pursing one will save you a day waiting to hear you don't have enough grounds.
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Hey you! Enlighten up.

[japes317]

Thanks so much for all of your responses. I will look into the Housing Court, and try to talk to someone there.

I am thinking about writing a formal letter to my landlord outlining all of the times I've had to deal with her harassing me. I do have proof in the form of a police report as well as my phone records and the insane voicemail she left me last night. I am hoping this might convince them to let me out of the lease.

Does anyone know of a lawyer that I could talk to and get some advice about this?

[Mpmav1]

Once a week there is a tenants rights show on TV (on the local broadcast channel). They have lawyers there that take calls. I've always thought I would use that if I needed any free tenant right lawyer advice.

Anyone know more details about time/channel?
_________________
Did Someone Say Walk?

[Mpmav1]

[RockerGirl77]

Next time she comes over answer the door with your video on your camera running.

[bohuma]

The De Castro Law firm give themselves high marks for their tenant advocacy, see http://manhattanfirm.com/. Fortunately, I've never been involved in a landlord/tenant dispute even though I've been both.

The TV show is on channel 34 in Manhattan, which of course doesn't help in Brooklyn.

A lot of the tenant advocates that hang around Housing Court are lawyers looking for court appointments or doing pro bono work for regulated tenants.

[scarlett]

We had a similar problem with a little girl who lived below us. She would come up every day to hang out or play or whatever. Finally we just stopped answering the door. I am surprised you would keep opening the foor after all that. I really hope you get it worked out!

[new2hood]

or, tell you landlord your living situation is unhabitable, don't pay your rent for a month (assuming you gave a month security deposit), then move.

[hitokiri]

[willbklyn]

I really recommend you begin totally ignoring her. Don't answer the phone, don't answer the door, don't communicate with her. She does sound like she's mentally ill so you can't expect her to be rational or "come around." Then, just live your life as a polite neighbor. If that doesn't work, move out. Most leases say that you have the right to a peaceful living situation - it's called "quiet enjoyment" so you should be able to break the lease without a problem. In fact, if you tell your landlord you are going to break the lease (I'd do it in writing for more impact) maybe it will cause them to take some action.

I really don't recommend harassing her. If you totally ignore her hopefully she will revert to complaining to her dogs about you.

[Comfortably Smug]

[Comfortably Smug]

Also, I must applaud hitokiri's contributions to this thread, hilarious.


Seriously though get in touch with Kramer & Dunleavy

[modsquad]

This not a Tenant/Landlord or "housing Court" issue. You have to sue your LL in Housing Court, not another tenant. He is the one who by not doing anything is giving tacit approval to her actions but she is not doing anything that violates her lease anyway. If you actually find a lawyer who will take this case you will pluck down at least 2k for a retainer and wait for months to go to trial. In the mean time your LL will get a lawyer and try to evict you for making so much noise you have driven the poor neighbor downstairs crazy. Your only hope is to pursue a criminal complaint or noise complaints regarding the dogs but the dogs are a very long shot and that would still require you to go after the landlords.
You should threaten to sue the LLs and settle on voiding the lease instead but you guys sound like you don't have the balls for that.

OR have you asked them if they would mind breaking the lease? Nicely?

[hitokiri]

[filmlover44]

Start a war with her. On the internet tubes - post her voicemails and videos of her crazy behavior along with her phone number. Call the cops whenever her dogs bark.

Or, write a calm, rational letter, sent certified to your landlord outlining how this woman is making your life miserable with facts and details and the police reports you should continue to collect every time she calls you with threatening phone calls and wont leave your doorway. This should be enough to take to court if you have to. Ask them to choose to resolve the issue or to let you out of your lease.
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Ok, now I'm crazy. Another goal achieved.

[charlesbklyn]

This sounds like a situation between tenants, and not the landlord. The landlord leases space, which for all intensive purposes, becomes your home. A landlord is not liable for another tenants crazy behavior or disputes between tenants. Yeh, you can try to get out of your lease, or bring civil actions, but in a situation like this, it is more money and pain than it is worth.

Interesting that there are frequent pleas for help on Brooklynian with violent neighbors breaking into apartments, but never any arrests or police action. I suspect there is another side to this story, no offense.

Of interest ...
You are allowed to protect yourself with reasonable force in NY, and so I would suggest that next time this woman attempts to break into your apartment, you physically restrain her and call the police. Sometimes you need to push back, especially when you have no other option.

The only other thing is sometimes, with crazy people, acting crazy yourself tends to confuse and pacify.

[squindar]

google "tenant creating nuisance"
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I've used sarcasm before. It makes me feel really smart.

[mjl83lukas]

I also had a crazy neighbor once when i lived in the East Village.
She would get pissed over walking or if something accidently fell on the floor. She even blamed us for a Kotex that was found in front of her massive pile of old NY Times papers in the hallway (which was against the rules as a fire hazard!) and dared to write us a note saying that it was dropped from our apartment and that if it happened again she would try to have us evicted. At the time we lived on the 4th floor of a 4 fl walk up. What a fuckin' idiot!

I kept a record of all the things that would happen between us and the nutcase. Also, i researched a ton of stuff from the NYC govt. website...it says that you don't have to have 80% of your floors carpeted. In order to have to carpet your floors like that, it must be stated that the tenant must do so in the lease that you sign.

As for "quiet enjoyment" of apartments and noise: please see the following website for more information that could help you:
[url]
http://www.housingnyc.com/html/resources/faq/quality.html#carpet[/url]

Also taken from the site, "...while there are no specific regulations concerning when noise can be made, leases sometimes contain clauses concerning this."

So check it out and write something up with references and show it to her the next time she bothers you...if she still gives ya shit..see if your landlord wouldn't mind you finding someone to take over your lease. That way, he won't have to do the leg work, but may more likely give you that option if ya do look around.

Hope this helps!

[bohuma]

[hitokiri]

unfortunately, it's easier for the landlord to not do anything and have the tenant move out on their own instead of going through the long process of eviction.

It's a double edged sword. You either rent from an individual owner who probably wont do anything, or rent from a management company who only see's you as a number and WILL do something... but you dont get that warm and friendly service.

[Anastasia Beaverhausen]

Wait...does this mean your apartment will be vacant? Can I has it?? I'll put up with the old bitch. I'll let Oscar stomp around and piss on her doorstep.
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Babies aren't meat! They're not even people!

[Astarte]

Speak from the landlord's side, it's very difficult to evict a tenant in the NYC court system b/c judges will bend over backwards to keep tenants in the apartments, even when the tenant is affecting the rights of other tenants. If you really want her out, ALL the tenants disturbed by her need to document every occurrence and help the landlord go to court and appear in court as needed to testify against this person. Get a restraining order, all this would be evidence!

Don't not pay your rent b/c that can backfire on you. You can ask to be let out of the lease, maybe you can look for someone who would be willing to take over the lease.

Also for the record, a security deposit is NOT held to cover rent nonpayment. A security deposit is used to repair significant damage you have done to the apartment during your tenancy unless you and your landlord agree (I'd advise in writing) that you may use the security to cover your rent. If you move and your apartment is in good condition, you'll get your whole deposit back.

[Hamilton]

try talking to the other tenants and find out if this is an on going problem, which may have been the reason the previous tenant left and if so ,don't pay the next months rent and leave

[TyroneShoelaces]

Fight fire with fire. I recommend side two of Season of Glass by Yoko Ono.

[pastoralia]

I once had a crazy neighbor that lived above me who would pound around until three in the morning every night. She was a crazy drunk bitch but I learned to put up with it until one morning I woke up to a note on my door from her complaining about hearing me having sex with my girlfriend and that she must be “faking it” because she was so loud. I went up there and laid into her and that started a real ugly period in both of our lives. I finally moved but I swear if I ever see her again I’m going to break her ankles.

My advice would tell your LL that you can’t put up with this anymore and that if he doesn’t do something about it you’re moving out. Because I don’t think it will ever get better for you. It’s too long of a process to kick a tenant out in New York. My last LL tried to do it to this fat dominatrix that lived in the same building. She was friends with the “pounder” above me…what a pair. Before you get excited understand that this particular dominatrix looked like a white Shrek and you’d here her whipping skinny losers at night. It took over a year for my LL to get rid of her- the whole time she wasn’t even paying rent. Yes, she also complained about my loud sex (the fuckin’ hypocrisy).

I wish I could think of a way you could warn future tenants about the hell they’re in for…any ideas Brooklynians? Before you leave you could drop some raw chicken into her apartment walls…these old buildings have lots of old spaces you can access from your place. In a couple of weeks she’ll go even more batshit insane trying to find out where the smell is coming from.

[Anastasia Beaverhausen]

[stacey]

[japes317]

Update:

I sent a certified letter to the LL stating that I would like to be relieved of my lease on 3/15 (which would be only four months early) due to the conditions in the apartment. I did some research on the Warranty of Habitability, and I stated in the letter that I felt that this ongoing harassment and unreasonable behavior was compromising our Warranty of Habitability. I also outlined the numerous concessions I have made to appease this woman, as well as stating that I have documentation of the times she has harassed me.

I stated in the letter that I feel that 4 months' notice about this is completely reasonable and is ample time for them to find another tenant.

I suppose I'll just wait and see what happens....

[BrooklynGigCenter]

Someone posted a link several months ago about a randomized beeping thingie that would drive her over the edge....mybe she'd get herself committed.

Who's got that link?

[raw]

"No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment. Harassment may take the form of physical or verbal abuse, willful denial of services, or multiple instances of frivolous litigation."

By not making your neighbor behave, your landlord is denying you services and preventing you from having comfort and quiet enjoyment in the apartment.

You are being too nice. I would kick the landlord in the pants, stop paying rent, call the cops, get a lawyer, move out, and whack the neighbor in whatever order suited me.
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I blame such comments on beer.
© karlthedruid 2007

[squindar]

I think that by telling the landlord you want out as of 3/15 you've kind of let them (the LL) off easily. It is up to the landlord to supply you with a habitable apartment, that is their part of the lease (you pay the money, they give you an apartment you can live in). By allowing a crazy neighbor to harass you, the landlord is allowing a nuisance condition. I have been through a very similar situation -- tenant below me made my life (and obviously others in the building) hell, and they got evicted. Not me. Why should I (or you) have to move? If you are genuinely not creating the situation, then it's the other tenant who should have to put up or get out.

If you DO end up moving out, the very least you should do is post the address and apartment number here, and on craigslist, along with your story. Warn other potential renters what they may be up against.

re: the beeping thing: look for it on thinkgeek.com....oh it's evil, trust me.

edit: don't NOT pay rent until you have exhausted all other options...so far you've done nothing wrong. Not paying rent potentially IS doing something wrong, legally. It is the nuclear bomb in tenant vs landlord relations. Its not an option to be used lightly.

[Whatchuwant]

[modsquad]

[OpossumQueen]

I can understand moving if the apartment isn't one that you really love. Getting the other tenant out could take a lot of work and a lot of psychological stress that just moving (at a time when you choose) may cause.

It's easy to say "do whatever it takes to get them out" when someone else has to do the work, but if japes happens to have lots of other stuff going on in life, just moving might be easier if not the way that is "right".

Those situations suck and I hope it works out, whatever you decide to do, Japes.

[pastoralia]

[quote="Anastasia Beaverhausen"][quote="pastoralia"]
My last LL tried to do it to this fat dominatrix that lived in the same building. She was friends with the “pounder” above me…what a pair. Before you get excited understand that this particular dominatrix looked like a white Shrek and you’d here her whipping skinny losers at night. It took over a year for my LL to get rid of her- the whole time she wasn’t even paying rent. Yes, she also complained about my loud sex (the fuckin’ hypocrisy).
[/quote]

I'm scared of where you live.[/quote]

The apartment itself was great but my neighbors and the neighborhood made it really sucky. It was deep south Slope and the kind of place where strangers would hang out on your stoop smoking and yelling into their two-way pagers and people would wash their cars on the street blasting their music.

[japes317]