Can a neighbor get me evicted?

Question

Ok, so I live in a bottom unit condo in a ski resort area. When I first moved in I was told the above unit was a timeshare shared by three families. I later found out it is a vacation rental and has been for a while.

I don't mind people on vacation, they want to have fun and relax. I get that. Everyone does.

Most of the time I barely hear anything, but sometimes I hear loud boom noises like something breaking, heavy stomping, and much more. Sometimes this last until 3am in the morning.

I have been told after a run around (no one knew what the noise ordinance was for people here, not even the police, they had to get out books and more until they finally found it) that the time to stop noises is 11 pm to 7am.

I have been told by everyone including the vacation rental place, if there are any noises that disturb my peace, I am allowed to say something or call the police.

I don't want to involve the police because these people are vacationing. I don't want to be the sour 24 year old bad guy. I'm a nice person.

Yesterday some new renters came in and they made loud noises, slamming doors, jumping on the bed, and I didn't mind any of it except the bed jumping. It was buckling in my ceiling and I have documented photos of my ceiling that has been cracked and separated from the wall and I know it was not like that when I first moved in.

I went up and asked them if they could just calm down their excitement a little. The man cussed me out called my some names claimed he paid alot of money and could do whatever the f he wanted. I apologized, I just asked for some respect. I even leave notes on their doors for the renters saying I'm down here and live here, please be respectful and on the back I put a list of recommendations of places to eat, things to do, places to have fun, and more. I state the hours the noises should stop and wrote if it's not quieted down, I will contact the Police (as the vacation place told me to do so)

But the guy goes off on me and then calls the place and wants to be moved. More power to him if he does not want to be respectful of locals that live here.

Now I am getting calls from the vacation place that they are trying to evict me and they are threatening legal action against my landlord to get me evicted. My landlord says she won't evict me since I am a good tenant, but if it comes down to having to pay alot of money, I may have to move.

I went to Property Management to let them know what was going on and to tell them about the ceiling. They tell me the vacation place told them we ran off three of their renters, which is NOT true! Now the vacation place is putting words in our mouth and more.

We got a card from a police chief to call, we are to meet with him and we spoke to one the officers who stated that plenty of full time people who live here that deal with vacationers complain all the time and that this sort of thing has happened before and he is baffled as to why it is being taken so far! I think this vacation place wants me gone!

I admit, I did not know condo rules or anything, I would go to the vacation place who would refer me to the POA, the POA would refer me to the vacation place and then the vacation place referred me to the Town Hall and the Town Hall would refer me to the vacation place. No one knows what the rules are here and I'm trying to catch up and learn them so I don't get kicked out.

I have asked what I could do before, such as notes, which was fine, talking to the people, which I was told was fine, I asked about the hallway we share to both units which I found out is common area, and I was fine asking these questions and they told me they were fine answering them! But now they are stating I have come to them with complaints. My landlord never told me rules or what certain things were, I was left on my OWN!

The officer I met with told me to put together a log since I moved in, which I have, all 24 pages with photos, snips from emails from landlord, vacation place, police, POA. I spent 4 and a half hours writing everything, luckily I had alot of it saved in emails!

I am at a loss for what to do, does anyone have an answer that can help me?

Answer 1

One, do not harass the tenants/guests above you any more.



Two, provide notice to your landlord of the damage caused by the guests above, and ask that it be fixed. Do this in a letter mailed to your landlord.



Three, maintain a low profile and stop talking to the POA, rental manager, or city officials. Mind your own business.



Four, if the noises from upstairs become intolerable, call the police out. Bear in mind that in a condo or apartment situation, noises are common and not usually grounds for any sort of action. Only noises that are chronic, and seriously prevent you from enjoyment of your home are worth the attention of the authorities. Even the occasional loud thumping at 3:00 in the morning is not worth complaining about.



Five, in any written communication resist the temptation to write long-winded explanations, like you did here. It comes across as whining. Be concise, terse, factual, and specific.



Six, take comfort in the knowledge that only your landlord can evict you, and only for violations of the rental agreement.



Seven, reread one and three.

Answer 2

You rent an apartment.



You can move.



You don't own the condo. I suggest you show the pictures of the damages to your actual landlord. That will cover you being evicted. They can't evict you without you having signed a lease laying out the appeals process.

Answer 3

Only your landlord can evict you. Although it's nothing compared to your situation, my upstairs neighbors stomp around like a herd of pachyderm. I suggest getting ear plugs.