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Joe S | Can we be evicted for complaints about our baby crying at night? |
We live in a large apartment building in San Francisco, CA and recently received a letter from our landlord stating that they received several complaints about our baby crying late at night and early in the morning. They referenced a section in our lease agreement that states that we can't cause "nuisance" to neighbors and that this would be a grounds for eviction. |
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thumpergirl_1979
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You might have a grounds for discrimintaion. Babies cry thats just what they do. And if your evicted because of a baby crying you might could say that you were being discrimintated against as parents of young children. Some places actaully do have age requirments to live there(some neighborhoods around here only allow 40+ people without children but they usually are gated communities) You might talk to a lawyer about your rights. I think its pretty crummy of your neighbors not to be understanding of a baby crying. If it was a dog thats a different story but a baby? Some people. |
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andydibb
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Yes, it is true. It is very difficult to evict someone on that basis, but it can be done. It requires an eviction notice and hearing, and even then you can always appeal. But if they really want to get you out, and they have the support of several neighbors, they will be able to do it. Better to work with your landlord and neighbors and make the apartment more soundproof. Any home improvement store will be able to help you find inexpensive ways to do so.
It is tough being a new parent, but it is also tough for your neighbors. If you show that you are trying to work with them, it will be favorable for you if things get out of hand. |
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fred sanford
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yes. |
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52selim
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Short answer: Yes. Long answer: Yes, but it is a very tough road for the association to travel and sets a pretty strict precedent on "nuisance." I can tell you from sitting on multiple boards that the cost associated with taking you to court, attorneys, property managers, etc. would take so long and cost so much that it would not be worth it. But from a legal standpoint, it can be done.
Just show that you are making every effort to curtail the crying and more importantly, the nuisance to the neighbors. Relocating the crib, and any insulation you can provide will always help. And gentle reminders that even if they wanted to, the time alone associated with their efforts will probably have your kid in school by the time you are out of there. |
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aladdinwa
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I guess it depends on how "nuisance" is defined. In your case, you may have to go to court to get that decided. |
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Drea Z
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I would contact a lawyer. I can't see how a baby crying is a nuisance. When I was a tenant and my baby cried I never had any complaints. Most people realize that babies cry, and sometimes its in the middle of the night or early in the morning. And when I was a landlord I couldn't do anything about a crying baby. All I could do was tell the parents to try to calm the baby down quickly, and then explain to the neighbors that babies cry and sometimes will cry for long periods of time for no reason really. I really don't think that your baby crying is a nuisance. Like I said call a lawyer and get their advice. You should be able to find free legal aid if you need it. Right now all I can say is to try to get the baby calm as quickly as possible and try not to stress about the idiot neighbors you have. Take a deep breath and relax!!! Enjoy your baby!! Good luck with the landlord and neighbors. I hope this helped! |
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Not Laughing w/ U
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Yes. I can't believe that you would seriously ask this question. You need to realize now that even though your life might, the rest of the world does not revolve around your baby.
I know that being a new parent is hard however, your neighbors did not choose to have a baby. I am sure that these complaints are a result of your baby crying for long periods of time and not just a wimper that it is hungry or needs a diaper change. If your child awakens at the same time for feedings then you should wake up before it does or be close by for when it wakes up. If you are letting this child cry itself to sleep or not getting up in the night when it cries this is really unfair to your neighbors.
If you think this shouldn't be a problem just because it is a baby and they are exempt from everything then suppose that one of your neighbors has a 2 year old that is now awoken by your child crying every night or morning.
Kudos to your apartment manager for having the guts to address it. |
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spadezgurl22
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depends upon the interpretation of this clause in your lease. Obviously you can't help that your baby is crying but the management is obligated to notify of the excessive complaints so you can try to do something about it. I would suggest trying to contact management and let them know your trying to work this situation out and hopefully the situation will resolve itself. |
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Angelo R
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Keep that letter! That is discrimination! I am a Property Manager in Florida and I know the lawas here in Florida prevent that kind of that abuse. You need to contact the state, an attorney, and The Fair Housing Agency. WHat, they expect you to tape the babies mouth shut!? I am a father of 6 myself, and people like that make me sick. I am sorry that you are going thru this. Before getting into property management, my wife and i went thru something like this. The law states that if it is normal living noises or sounds being made, then there is nothing that they can complain. A little baby crying at night is pretty darn normal to me. But if you are jumping around after 10pm or throwing parties, then he or she has grounds to terminate your lease. Good luck and dont give up. Fair Housing will take care of them. |
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Laura W
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Not laughing w/ u: u r a jerk, plain and simple.
Maybe try having some compassion?
And some correct information...
Fed Law - The Fair Housing Act
"Discrimination in Housing Based Upon Familial Status
The Fair Housing Act, with some exceptions, prohibits discrimination in housing against families with children under 18. In addition to prohibiting an outright denial of housing to families with children, the Act also prevents housing providers from imposing any special requirements or conditions on tenants with custody of children. For example, landlords may not locate families with children in any single portion of a complex, place an unreasonable restriction on the total number of persons who may reside in a dwelling, or limit their access to recreational services provided to other tenants.
In most instances, the amended Fair Housing Act prohibits a housing provider from refusing to rent or sell to families with children. However, some facilities may be designated as Housing for Older Persons (55 years of age). This type of housing, which meets the standards set forth in the Housing for Older Persons Act of 1995, may operate as "senior" housing."
I'm sure if they are neglecting the child/ren something can be done, but this is most likely not the case here. |
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operababe_61
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Here's a great site for tenants' rights in California:
http://www.dca.ca.gov/publications/landlordbook/2007_update.pdf
I don't know the answer to your question but I'm sure this will address it. |
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juicypuddynyc
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You really got to be kidding right. A baby crying is not a nuisance that is a part of life. If you feel that this is something you need to discuss you should seek a landlord tenant lawyer.
A nuisance is stated a a person who does something on purpose. No judge is going to feel like your child is a nuisance. |
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