troublemaker neighbor - advise please

[lamecrocs]

You poor thing. Sounds horrible. I agree with the other post about contacting the police. Report everthing, take photos etc but please don't retaliate it will only make it harder to get help in the end!

Not sure how OP got on with this matter at the end ?

Anyway, I had a similar matter but probably worse.
We were impacted the most as we are next door neighbour's bedroom and ours are just separated by 1 brick wall and their bedroom window is 90 degrees facing our balcony/bedroom window. Btw, we live in an apartment.

This incident happened at the ridiculous hours yesterday when we all try to get a good night sleep, continuously from 2-5.30 am.

The unit was rented to this young couple, always fighting - verbal abuses and it's recently escalated to physical abuses as I could hear loud noises e.g. slamming doors, walls, furniture etc and I think the men is also psycho/drunk/depressed.
FYI, the verbal abuses probably could be heard by all units around us (at least 3-4 levels up/down).

My real concerns:
1. verbal abuse -> the noise may be unbearable for some others e.g. my wife, bro in law. I could still handle the noise but the chaotic scene with lots of F words and screaming really annoyed me and it could potentially ruin the peacefulness in our house.
2. physical abuse -> if this keeps on getting worse, I'm afraid someone will get hurt or if they're too depressed, someone could be thrown down the window /balcony so I think this is SERIOUS!!!
3. the chaos not only happened inside the unit, but the guy actually went out to the street and start running around screaming. Someone from the opposite apartment actually screamed back "Shut Up, etc" but he responded back with the psychotic words.

While I will definitely speak with other neighbours, police, strata manager, Do you guys suggest any other party should I speak to in order to stop the physical domestic violence before someone (may be the wife) get hurt ?

Argh crazy society nowadays....

 

[Terry_w]

You should have called the police last night as the woman was potentially getting bashed.

 

[lamecrocs]

You should have called the police last night as the woman was potentially getting bashed.

Yes Terry, I should have.
It really scared me when the woman was screaming out from the window, not sure what I could do if she jump.
Probably, during the time, I was too hopeful it would gonna end quickly and really need to sleep in as I need to wake up for work early ...
If it happens again, definitely will take action. Thanks.

 

[Spades]

lamecrocs,

Did this happen over 1 night or is it a every week occurence?

 

[lamecrocs]

@Spades, it had happened a few times accordingly to my wife. We don't record the number of occurrence but if we take the last 1 month, probably 2-3 times? (sometimes at around 6pm, 10pm or even in the afternoon)
Yesterday was the worst that we have encountered as it really disturbed our sleep in which I'm afraid it will just get worsen.

 

[fokas]

Yes Terry, I should have.
It really scared me when the woman was screaming out from the window, not sure what I could do if she jump.
Probably, during the time, I was too hopeful it would gonna end quickly and really need to sleep in as I need to wake up for work early ...
If it happens again, definitely will take action. Thanks.

You said it was going on for hours though?

This incident happened at the ridiculous hours yesterday when we all try to get a good night sleep, continuously from 2-5.30 am.

Link regarding domestic violence

 

[lamecrocs]

You said it was going on for hours though?
Yes, but i was hesitant to make a call to police (think the lack of sleep, first time in my life to have to deal with this scary stuff contributed to the hesitation).
As I said, I'm taking action now (strata manager is warning the REA etc) and will do the necessary if it reoccurs.

Link regarding domestic violence

Thanks. I hope the couple is back to the normal loving stage and this will end soon.

 

[esh]

I am surprised Strata Managers are not doing anything. One of our new tenants had loud music, we received complaint from Strata Managers and gave tenants a warning. Unfortunately for the tenants but if cops are called due to 'disruption' then things get tad bit more serious. Maybe if you could also find out who is managing this tenant. But if it gets really bad you can always call the cops on him.

He is disturbing your right to enjoy your property, that is so extreme that you had to move out because of him. And also if other tenants or owners have a problem with this tenant you should all take this up to the Strata Managers-then maybe they will do something.

 

[lamecrocs]

Thanks for your concerns.
Strata Manager has only been notified and he will investigate further by checking this issue with other owners, probably send out warning letter and find out the respectively REA so that owner of the property can be notified too. So I guess, he is doing all he can to help.

 

[fisherman]

(snip)

Council had asked the neighbours (yes several of them) to keep a diary record of the offenses and that I, being the landlord, would be fined a few hundred bucks for each offense if it continued.
(snip)

I was surprised that you are your 'brother's keeper' in this respect. That as landlord you are responsible for the behaviour of your tenants. Although under tenancy laws what local government and other residents perceive to be acceptable behaviour by a tenant may not coincide with the expected more liberal view of a rental tribunal.

Then I found this newspaper article which seems to confirm what you said (disregard the usual anti-landlord spin of the particular journalist):

http://news.domain.com.au/domain/re...-to-pay-for-rowdy-tenants-20110506-1ec3g.html

It is wrong to make the property owner the meat in the sandwich. Tenants are adults, they have considerable rights and they should also have the responsibility for their choices in exercising those rights.

I can no more be accountable for a tenant's noise and behaviour impact on his neighbours than I can be responsible for his water or energy use. The problem is that tenancy regulations are drafted with the most vulnerable welfare recipient in mind. To be blunt, regulators treat tenants as incompetents, as minors, they do not trust tenants to inform themselves, make responsible choices or be accountable as they are elsewhere in life.

 

[Wake]

Following on from the last post, you also need to understand that strata managers in NSW do not have special powers, and cannot evict people. In the case of by-law breaches, warnings letters would normally be sent, and in many cases this will be effective. However for the more serious, chronic breaches these will have no effect. Such matters can then proceed to the CTTT if there is sufficient evidence and instructions from the owners corporation. However, noise is subjective and it is very difficult to have a penalty imposed for noise issues. As previously stated, tenants (or just about anyone you are trying to take action against) have all rights and no responsibilities in the eyes of the CTTT. Furthermore, noise from within one lot which is affecting residents within other lots does not involve common property so the affected resident should take the action. Of course, typically that person won't actually want to get involved by providing evidence or stat decs.

Similarly, property managers have no control over tenants in other units. If they are able to identify who manages the unit they can write to them on your behalf but there is little they can do beyond that.

In the case of damage to personal property, drug use and threats, assuming you have evidence then this is a police matter. Also, when the unacceptable noise is occuring, call the police! What can a strata manager do after the event? If there is a record of police callouts to the same unit for the same issue it will support your case at the CTTT - assuming you decide to be proactive.

It can be very stressful when the harmony within a strata scheme is disrupted but don't kid yourself that someone else - anyone else - can wave a magic wand to resolve the issues. Yes there are processes that can be followed if the circumstances allow it. No these are not always effective.

Wake