Notice – The official document
requiring the tenant to perform, or cease performing, certain
actions. The most common notice is a Notice to Pay Rent or Surrender
Possession. Others include Notice of Termination of Tenancy and
Notice to Perform Covenants or Surrender Possession. That last one
can include the requirements to (1) remove unauthorized occupants or
pets, (2) remove abandoned cars from the parking area, (3) cease smoking marijuana in the common areas, (4) cease
playing heavy metal rock “music” at all hours of the day and night, and
(5) “cease the loud, rhythmic thumping and moaning sounds emanating from
your apartment, which disturb the quiet enjoyment of the other
residents.” Yes, my firm did serve that last notice once, because the noise was so loud it not only disturbed the quiet enjoyment of other residents in the same complex, but residents of the neighboring complexes were also complaining.
Nuisance – The unreasonable,
unwarranted, or unlawful use of property which causes inconvenience or
damage to others. Some examples in an eviction context are included in
notice above. Most of the time, the tenants causing the nuisance are
seriously disrupting the quiet enjoyment of the other residents in
the apartment community. Sometimes, however, individual residents are
overly-sensitive to the personality quirks of others. I mean,
seriously people, this is an APARTMENT COMPLEX. If you want to live
in complete peace and solitude, join a convent or a monastery.
Really--if you're going to rent an apartment and live in a block with other people, there's a reasonable expectation that other people will intersect your life, sometimes in ways that are annoying. And you might be one of those "other" people... :)
ReplyDeleteYes, it truly is amazing how some tenants complain about ordinary noises. Rent a house!
DeleteHa! Enjoyed that same comment about living in an apartment complex. As Colin said, REALLY, what do people expect?
ReplyDeleteAlthough, Dena, I have to say...I lived in an Abbey, a former monastery. And really, unless it's a Trappist (not Catholic but I think that's the right Order) or particular Buddhist or Hindu monastery, those places can also be filled with noise. But, because there is community built among the residents, there's more understanding and everyone is generally invited into it.
That's interesting. All the monasteries I know about are the ones with "vows of silence" and service to others etc. Didn't know there were different varieties. Thanks!
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