Ok, don't post after one has been woken up, without requisite caffeine, is rule #1
I live in an apartment, and my downstairs neighbor has called in a noise complaint 4 times around midnight each time on my apartment. I have been asleep and woken up by the knocks at the door each time.
Now, either I snore really loud, or the noise is coming from some other place.
I have contacted the management and made them aware I am the recipient of the complaints, but I am not the cause. If this continues, what legal recourse do I have? Can I use this to break a lease without penalty? Can I do anything other than wait for the next knock at the door?
Ask him/her if it is snoring noise that is bothering him/her, and how does he/she know it's coming from your apartment.
One thing you can do is to fall asleep with a sound activated tape recorder to see if it does catch you snoring. If so, there are appliances availiable to help with this. I got one many years ago after my wife complained about my snoring and it worked pretty well.
If not, then simply tell your neighbor that it's not you and have him/her knock on someone else's door. I see no reason to lawyer-up just yet. People can still resolve things on their own with just a modicum of good will and common sense.
And the police will probably stop bothering you (as long as every time you are not the one making noise). If they do knock again, kindly tell them that this will be the ___ time you've been awakened, and if possible, not to continue to wake you up...It's also a good idea to tell the officer you appreciate him taking the time to follow up on a noise complaint, but it's (obviously) not you...Was it an anonymous complaint? If not, send him to talk to the person that called in the complaint. The police do not appreciate "bogus" complaints...
My neighbor did not answer the door when I knocked. I went out of town, and I called the management from the Airport, while I waited for the snow to clear and my flight arrive. I told them the neighbor was complaining and that I had no idea what the noise was, since I was sleeping each time.
The complaining party had gone to the office, and the management appreciated my side of the story. I made sure they knew I was out of town in case there were more complaints while I was obviously not in the unit.
I know I snore some, but I certainly don't think I snore that loud. I am sure my roommate in Iraq would have informed me if I snored that loud, I doubt he slept that soundly...
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