Guest guest Posted February 28, 2012 Report Share Posted February 28, 2012 Hi and other renters,I'm a tenants rights counselor in SF. When people want to break their lease we advise a couple of strategies. The simplest is to find your own replacement. The person simply has to pass the same standards that you did -- decent credit, salary, whatever they asked you when you applied for the apartment. A landlord does not have to accept the person you find but if they meet those standards, you are off the hook. The landlord can try to sue you for the rent, but will lose if he can't show material loss or if he rejected your candidate unreasonably. Another way is to claim "constructive eviction," which is basically saying your place is so uninhabitable that no reasonable person can live there. That's a tougher one, and unfortunately usually applies to things like your ceiling falling in. Something else you can do is ask for a "reasonable accommodation" under the Fair Employment and Housing Act, FEHA. I think this is a federal law, but in any case does not just apply to California. You should be able to get advice about this at your local Human Rights Commission. Reasonable accommodation basically means adjusting the rules to accommodate someone's disability. The standard for disability under FEHA is not so high as ADA. One way it is commonly used is for a person with depression to be able to have a dog in a no-pets building. But it could also be used to have you moved to a quieter unit -- or who knows, to break the lease.I'll wait and see if anyone wants to know more before I write any more.I too am battling noise issues in my building but cannot move because I'm in a rent-controlled apartment in a city that has no idea we're in a recession. Rents here are out of control. My husband and I are looking at spending $10,000 to soundproof this place (a 400 sq. ft studio!) but still have to get approval from the landlord. Subject: Re: I hear you!!!!!To: "Soundsensitivity " <Soundsensitivity >Date: Tuesday, February 28, 2012, 5:47 PM Shmoriane, How do you deal with neighbor nosie? My building is so cheap and creaky, and my upstairs neighbor is so heavy-footed, I hear every footstep she makes, and it sounds like she's dropping bowling balls sometimes. What is she doing - throwing shit around? Anyways - she keeps me up at night, wakes me up in the morning. I live on her schedule when she's home - I have no choice, and I've been driven to the point of rage, tears, and extreme frustration and anger. I complain to my landlord every week. I called the cops last weekend when she was fighting with her boyfriend at 1am, drunk, and loud and banging so loud I felt my floor shake.She freaking stomps so hard on a normal daily basis, I can often feel my floor and shaking. I've threatened to sue my landlords into letting me out of my lease so I can get out of this goddamn building. They say they are doing everything legal to make her stop - but they can't make her stop stomping every night! And I sound like a crazy person trying to explain to them that she's not partying or having people over - she just walks really loud and it bothers me a lot! Should I sit down with the manager and tell him about my condition? Will that even matter? All he cares about is his lease and his investors.I'm only 6 months into my 12 month lease. I really don't know if I can make it the rest of the way. I feel awful about lashing out at my landlords. I don't know this girl - we don't speak. But I feel like I want to seriously hurt her.I wish this group were in a message board style site, too, not individual emails like this. To: Soundsensitivity Sent: Tuesday, February 28, 2012 5:26 PM Subject: I hear you!!!!! I hear you. I didn't think that people would reply to my posts either. I'm sorry to hear about your neighbors... our neighbors! I can totally identify with the physical responses too. When a door slams, voices boom, or something happens above me when I'm lying in bed (or wherever) it feels like a stack of yellowpages are splitting inside of me. The relaxing exercises only help me for a moment. That euphoric feeling of endorphins or relaxation slips away as soon as there's an unbearable sound. And that's usually very soon. On "giving power over me"... I finally stopped thinking I was just an unhappy person and that I'm actually surrounded by my triggers during most--a vast majority--of my awake time. I don't know what I can do about that. At work today, I definitely did give someone power over me. A woman asked if I was pregnant (I get that from time to time). I curtly said no, and let my evening get ruined. I went to the store after work, bought a pregnancy test (negative results) and refused to eat dinner. LOL. I'm actually laughing about it now! Even though I'm hungry . Thank you for replying to my post. I think that this site is not that user friendly. It would be nice to be able to follow threads and not just see all of the threads mixed together. I think a different format would help. > > > I usually just read the posts that everyone else writes since, for some reason, the last couple of times I've written, there have been no replies. I wonder if I'm doing something wrong. Could someone please just say, "I hear you?" Thanks. > > > > I am a teacher who also works at home doing after school tutoring. The problem lies next door. At random times, various low life losers (friends of the guy who has no job and doesn't go to school) appear over there and hang out for hours on end. They have nothing better to do than to play loud music and yell to each other above the din. I have politely explained the situation to them, but they seem to "forget." The hatred and the dry mouth and burning feeling in my stomach are hurting me. I know that. I try doing yoga, deep breathing, etc, but the only thing that works is to put on the headphones and go as far away from it as I can. Unfortunately, I have to take off my protection when working with a student. I fear and loathe those people because of the power they have over me. I am also angry at myself for giving them the power to upset me so much. > > > > I have lots of other triggers too, but I can usually run away or cover them up. When the distorted music beats in my chest and rumbles my walls, I can't think of much else. I'm so humiliated when my students and their parents make comments. Eventually, we'll have to move, but we've been here over 20 years, and have our house fixed up pretty much the way we want it with a nice garden, etc.. And how can I ever be sure that I won't have neighbors who are as bad or worse? > > > > Is anybody out there? > > > > > > > > > > > > > > TODAY(Beta) • Powered by Yahoo! > > LeBron threatens to beat up heckler > > The NBA superstar erupts in anger after a fan makes light of a sensitive situation. > > Privacy Policy > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 29, 2012 Report Share Posted February 29, 2012 thanks - My lease reads that subletting is only allowed with written notice from the landlord, but when I asked my manager, he said no, they never give the OK to sublet. So basically, the have the right to do it, but they choose not to - ever, they said. So if I get a subletter without written notice from them that it's OK - then I am breaking the lease?I am in Denver, and I don't see any FEHA commission here. I will look up the human rights commission.I've read about the constructive eviction - and I think this is a cheap building with thin walls, but they aren't falling in yet (although I do have a crack forming...)Wow - I can't believe you have to spend that kind of money for such a small place! It must be really expensive!I'm sorry you're in that situation. To: Soundsensitivity Sent: Tuesday, February 28, 2012 10:13 PM Subject: Re: breaking a lease Hi and other renters,I'm a tenants rights counselor in SF. When people want to break their lease we advise a couple of strategies. The simplest is to find your own replacement. The person simply has to pass the same standards that you did -- decent credit, salary, whatever they asked you when you applied for the apartment. A landlord does not have to accept the person you find but if they meet those standards, you are off the hook. The landlord can try to sue you for the rent, but will lose if he can't show material loss or if he rejected your candidate unreasonably. Another way is to claim "constructive eviction," which is basically saying your place is so uninhabitable that no reasonable person can live there. That's a tougher one, and unfortunately usually applies to things like your ceiling falling in. Something else you can do is ask for a "reasonable accommodation" under the Fair Employment and Housing Act, FEHA. I think this is a federal law, but in any case does not just apply to California. You should be able to get advice about this at your local Human Rights Commission. Reasonable accommodation basically means adjusting the rules to accommodate someone's disability. The standard for disability under FEHA is not so high as ADA. One way it is commonly used is for a person with depression to be able to have a dog in a no-pets building. But it could also be used to have you moved to a quieter unit -- or who knows, to break the lease.I'll wait and see if anyone wants to know more before I write any more.I too am battling noise issues in my building but cannot move because I'm in a rent-controlled apartment in a city that has no idea we're in a recession. Rents here are out of control. My husband and I are looking at spending $10,000 to soundproof this place (a 400 sq. ft studio!) but still have to get approval from the landlord. Subject: Re: I hear you!!!!!To: "Soundsensitivity " <Soundsensitivity >Date: Tuesday, February 28, 2012, 5:47 PM Shmoriane, How do you deal with neighbor nosie? My building is so cheap and creaky, and my upstairs neighbor is so heavy-footed, I hear every footstep she makes, and it sounds like she's dropping bowling balls sometimes. What is she doing - throwing shit around? Anyways - she keeps me up at night, wakes me up in the morning. I live on her schedule when she's home - I have no choice, and I've been driven to the point of rage, tears, and extreme frustration and anger. I complain to my landlord every week. I called the cops last weekend when she was fighting with her boyfriend at 1am, drunk, and loud and banging so loud I felt my floor shake.She freaking stomps so hard on a normal daily basis, I can often feel my floor and shaking. I've threatened to sue my landlords into letting me out of my lease so I can get out of this goddamn building. They say they are doing everything legal to make her stop - but they can't make her stop stomping every night! And I sound like a crazy person trying to explain to them that she's not partying or having people over - she just walks really loud and it bothers me a lot! Should I sit down with the manager and tell him about my condition? Will that even matter? All he cares about is his lease and his investors.I'm only 6 months into my 12 month lease. I really don't know if I can make it the rest of the way. I feel awful about lashing out at my landlords. I don't know this girl - we don't speak. But I feel like I want to seriously hurt her.I wish this group were in a message board style site, too, not individual emails like this. To: Soundsensitivity Sent: Tuesday, February 28, 2012 5:26 PM Subject: I hear you!!!!! I hear you. I didn't think that people would reply to my posts either. I'm sorry to hear about your neighbors... our neighbors! I can totally identify with the physical responses too. When a door slams, voices boom, or something happens above me when I'm lying in bed (or wherever) it feels like a stack of yellowpages are splitting inside of me. The relaxing exercises only help me for a moment. That euphoric feeling of endorphins or relaxation slips away as soon as there's an unbearable sound. And that's usually very soon. On "giving power over me"... I finally stopped thinking I was just an unhappy person and that I'm actually surrounded by my triggers during most--a vast majority--of my awake time. I don't know what I can do about that. At work today, I definitely did give someone power over me. A woman asked if I was pregnant (I get that from time to time). I curtly said no, and let my evening get ruined. I went to the store after work, bought a pregnancy test (negative results) and refused to eat dinner. LOL. I'm actually laughing about it now! Even though I'm hungry . Thank you for replying to my post. I think that this site is not that user friendly. It would be nice to be able to follow threads and not just see all of the threads mixed together. I think a different format would help. > > > I usually just read the posts that everyone else writes since, for some reason, the last couple of times I've written, there have been no replies. I wonder if I'm doing something wrong. Could someone please just say, "I hear you?" Thanks. > > > > I am a teacher who also works at home doing after school tutoring. The problem lies next door. At random times, various low life losers (friends of the guy who has no job and doesn't go to school) appear over there and hang out for hours on end. They have nothing better to do than to play loud music and yell to each other above the din. I have politely explained the situation to them, but they seem to "forget." The hatred and the dry mouth and burning feeling in my stomach are hurting me. I know that. I try doing yoga, deep breathing, etc, but the only thing that works is to put on the headphones and go as far away from it as I can. Unfortunately, I have to take off my protection when working with a student. I fear and loathe those people because of the power they have over me. I am also angry at myself for giving them the power to upset me so much. > > > > I have lots of other triggers too, but I can usually run away or cover them up. When the distorted music beats in my chest and rumbles my walls, I can't think of much else. I'm so humiliated when my students and their parents make comments. Eventually, we'll have to move, but we've been here over 20 years, and have our house fixed up pretty much the way we want it with a nice garden, etc.. And how can I ever be sure that I won't have neighbors who are as bad or worse? > > > > Is anybody out there? > > > > > > > > > > > > > > TODAY(Beta) • Powered by Yahoo! > > LeBron threatens to beat up heckler > > The NBA superstar erupts in anger after a fan makes light of a sensitive situation. > > Privacy Policy > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 29, 2012 Report Share Posted February 29, 2012 Hi ,I'm not talking about subletting but about finding someone to sign a new lease with your landlord. Subletting means that someone would have an agreement with you and not with your landlord. Almost every lease has a clause in it like the one you described, if not a complete prohibition on subletting, but people break their lease legally this way all the time -- including my noisy, alcoholic ex-neighbor who got tired of me knocking on the door and asking her to keep it down. In fact, she initially tried to break the lease by claiming my husband and I were harassing her. But this just generated a threatening letter to us from management, telling us to cease our behavior without describing what the behavior was. It sounds as if such a claim would be legitimate for you to make. If you have not been communicating with your landlord in writing, I would start doing so now. Of course, I'm relying on CA and SF law. Is there a tenants rights organization you can contact in Denver?Yeah, the cost of sound insulation is insane bu much, much cheaper than moving. I have been searching for some way to compel my landlord to help pay for it, but I have found nothing yet. It is frustrating because condo associations typically require upper units to put in soundproofing if they are going to have hardwood floors. Buildings built after 1974 in CA also require a certain level of sound insulation between units. But if you are a renter in an older building, there is no protection or compensation if your landlord decides to take out the carpet in the unit above you. That's the situation I'm in now. To me this is insane. For one, if you are buying a condo, you get to meet the others in your building first. But if you are a tenant, you have absolutely no choice as to who will move in above you. And for many of us, that choice is made by someone who doesn't even live in the same city. (I know that homeowners also have difficulties with next door neighbors, as written in this discussion group.) Also, if a landlord of a rent-controlled building makes an improvement to the building that s/he can argue is a benefit to the tenants, then s/he is allowed to pass half the cost on to the tenants. But if they do something like take out the carpet or make noisy renovations in the building that adversely affects tenants, there is no compensation for tenants. Right now they have started their fourth week of renovating the apartment above me. They will now have renovated three apartments that share walls or ceilings with our apartment in 15 months. One such renovation of another studio took two months! I work at home, but have had to go to friends homes to work on several occasions, or just try to work through the noise. It's making me crazy -- though I would not trade places with any of you in offices!Good luck, . I think HUD (Housing and Urban Development) might have information on FEHA. I found it difficult to get info on the internet on the housing part of FEHA, as the sites I came across focused on employment discrimination. If I come across anything on CO FEHA, I will send it along.Subject: Re: I hear you!!!!!To: "Soundsensitivity " <Soundsensitivity >Date: Tuesday, February 28, 2012, 5:47 PM Shmoriane, How do you deal with neighbor nosie? My building is so cheap and creaky, and my upstairs neighbor is so heavy-footed, I hear every footstep she makes, and it sounds like she's dropping bowling balls sometimes. What is she doing - throwing shit around? Anyways - she keeps me up at night, wakes me up in the morning. I live on her schedule when she's home - I have no choice, and I've been driven to the point of rage, tears, and extreme frustration and anger. I complain to my landlord every week. I called the cops last weekend when she was fighting with her boyfriend at 1am, drunk, and loud and banging so loud I felt my floor shake.She freaking stomps so hard on a normal daily basis, I can often feel my floor and shaking. I've threatened to sue my landlords into letting me out of my lease so I can get out of this goddamn building. They say they are doing everything legal to make her stop - but they can't make her stop stomping every night! And I sound like a crazy person trying to explain to them that she's not partying or having people over - she just walks really loud and it bothers me a lot! Should I sit down with the manager and tell him about my condition? Will that even matter? All he cares about is his lease and his investors.I'm only 6 months into my 12 month lease. I really don't know if I can make it the rest of the way. I feel awful about lashing out at my landlords. I don't know this girl - we don't speak. But I feel like I want to seriously hurt her.I wish this group were in a message board style site, too, not individual emails like this. To: Soundsensitivity Sent: Tuesday, February 28, 2012 5:26 PM Subject: I hear you!!!!! I hear you. I didn't think that people would reply to my posts either. I'm sorry to hear about your neighbors... our neighbors! I can totally identify with the physical responses too. When a door slams, voices boom, or something happens above me when I'm lying in bed (or wherever) it feels like a stack of yellowpages are splitting inside of me. The relaxing exercises only help me for a moment. That euphoric feeling of endorphins or relaxation slips away as soon as there's an unbearable sound. And that's usually very soon. On "giving power over me"... I finally stopped thinking I was just an unhappy person and that I'm actually surrounded by my triggers during most--a vast majority--of my awake time. I don't know what I can do about that. At work today, I definitely did give someone power over me. A woman asked if I was pregnant (I get that from time to time). I curtly said no, and let my evening get ruined. I went to the store after work, bought a pregnancy test (negative results) and refused to eat dinner. LOL. I'm actually laughing about it now! Even though I'm hungry . Thank you for replying to my post. I think that this site is not that user friendly. It would be nice to be able to follow threads and not just see all of the threads mixed together. I think a different format would help. > > > I usually just read the posts that everyone else writes since, for some reason, the last couple of times I've written, there have been no replies. I wonder if I'm doing something wrong. Could someone please just say, "I hear you?" Thanks. > > > > I am a teacher who also works at home doing after school tutoring. The problem lies next door. At random times, various low life losers (friends of the guy who has no job and doesn't go to school) appear over there and hang out for hours on end. They have nothing better to do than to play loud music and yell to each other above the din. I have politely explained the situation to them, but they seem to "forget." The hatred and the dry mouth and burning feeling in my stomach are hurting me. I know that. I try doing yoga, deep breathing, etc, but the only thing that works is to put on the headphones and go as far away from it as I can. Unfortunately, I have to take off my protection when working with a student. I fear and loathe those people because of the power they have over me. I am also angry at myself for giving them the power to upset me so much. > > > > I have lots of other triggers too, but I can usually run away or cover them up. When the distorted music beats in my chest and rumbles my walls, I can't think of much else. I'm so humiliated when my students and their parents make comments. Eventually, we'll have to move, but we've been here over 20 years, and have our house fixed up pretty much the way we want it with a nice garden, etc.. And how can I ever be sure that I won't have neighbors who are as bad or worse? > > > > Is anybody out there? > > > > > > > > > > > > > > TODAY(Beta) • Powered by Yahoo! > > LeBron threatens to beat up heckler > > The NBA superstar erupts in anger after a fan makes light of a sensitive situation. > > Privacy Policy > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 29, 2012 Report Share Posted February 29, 2012 , in my opinion it is rent control that is insane. It keeps people stuck in a horrible situation. To me, no amount of savings (relatively cheap rent), is worth having to put up with such noise. You have been miserable for months because your rent is an incentive to stay in a noisy place. I also live in a rent controlled apartment with great rent and I put in soundproofing at my expense because it was worth it to me. In fact, if money will solve problems with neighbor noise, I am happy to pay. I paid well over $1000 and was glad to do it. My quality of life is so much better. I would rather have quiet than a few thousand dollars. The real problem is that there is no guarantee you will have a quiet neighbor.....but money is a tool and I can think of no better use for it than on one's health. If you spend enough on soundproofing and have a diagnosis, such improvements count as medical expenses and are deductible on taxes. At least has a lease that will expire, and she will then move. You will be in your home forever, suffering. I know how awful and frustrating it is to have noisy neighbors and also to have an uncooperative landlord, so I don't mean to sound harsh. But rent control only intensifies the problem. In fact, the landlord is actively working against you since he wants you to move. I know a lot of people stuck in awful apartments that they hate, but the rent is cheap so they make do. Rent control is a real wolf in sheep's clothing and a horrible system for everybody. > > > > > > > I usually just read the posts that everyone else writes since, for some reason, the last couple of times I've written, there have been no replies. I wonder if I'm doing something wrong. Could someone please just say, " I hear you? " Thanks. > > > > > > > > I am a teacher who also works at home doing after school tutoring. The problem lies next door. At random times, various low life losers (friends of the guy who has no job and doesn't go to school) appear over there and hang out for hours on end. They have nothing better to do than to play loud music and yell to each other above the din. I have politely explained the situation to them, but they seem to " forget. " The hatred and the dry mouth and burning feeling in my stomach are hurting me. I know that. I try doing yoga, deep breathing, etc, but the only thing that works is to put on the headphones and go as far away from it as I can. Unfortunately, I have to take off my protection when working with a student. I fear and loathe those people because of the power they have over me. I am also angry at myself for giving them the power to upset me so much. > > > > > > > > I have lots of other triggers too, but I can usually run away or cover them up. When the distorted music beats in my chest and rumbles my walls, I can't think of much else. I'm so humiliated when my students and their parents make comments. Eventually, we'll have to move, but we've been here over 20 years, and have our house fixed up pretty much the way we want it with a nice garden, etc.. And how can I ever be sure that I won't have neighbors who are as bad or worse? > > > > > > > > Is anybody out there? > > > > > > > > > > > > > > > > > > > > > > > > > > > > TODAY(Beta) • Powered by Yahoo! > > > > LeBron threatens to beat up heckler > > > > The NBA superstar erupts in anger after a fan makes light of a sensitive situation. > > > > Privacy Policy > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 29, 2012 Report Share Posted February 29, 2012 I really don't agree with you. Rent control is not the problem, it just is not enough. I am one person who said on this forum that I would prefer to stick to the topic of Misophonia, so I will not go on at length about why, even though it is tempting to get into a political discussion because this issue is very important to me.Subject: Re: breaking a leaseTo: Soundsensitivity Date: Wednesday, February 29, 2012, 10:31 AM , in my opinion it is rent control that is insane. It keeps people stuck in a horrible situation. To me, no amount of savings (relatively cheap rent), is worth having to put up with such noise. You have been miserable for months because your rent is an incentive to stay in a noisy place. I also live in a rent controlled apartment with great rent and I put in soundproofing at my expense because it was worth it to me. In fact, if money will solve problems with neighbor noise, I am happy to pay. I paid well over $1000 and was glad to do it. My quality of life is so much better. I would rather have quiet than a few thousand dollars. The real problem is that there is no guarantee you will have a quiet neighbor.....but money is a tool and I can think of no better use for it than on one's health. If you spend enough on soundproofing and have a diagnosis, such improvements count as medical expenses and are deductible on taxes. At least has a lease that will expire, and she will then move. You will be in your home forever, suffering. I know how awful and frustrating it is to have noisy neighbors and also to have an uncooperative landlord, so I don't mean to sound harsh. But rent control only intensifies the problem. In fact, the landlord is actively working against you since he wants you to move. I know a lot of people stuck in awful apartments that they hate, but the rent is cheap so they make do. Rent control is a real wolf in sheep's clothing and a horrible system for everybody. > > > > > > > I usually just read the posts that everyone else writes since, for some reason, the last couple of times I've written, there have been no replies. I wonder if I'm doing something wrong. Could someone please just say, "I hear you?" Thanks. > > > > > > > > I am a teacher who also works at home doing after school tutoring. The problem lies next door. At random times, various low life losers (friends of the guy who has no job and doesn't go to school) appear over there and hang out for hours on end. They have nothing better to do than to play loud music and yell to each other above the din. I have politely explained the situation to them, but they seem to "forget." The hatred and the dry mouth and burning feeling in my stomach are hurting me. I know that. I try doing yoga, deep breathing, etc, but the only thing that works is to put on the headphones and go as far away from it as I can. Unfortunately, I have to take off my protection when working with a student. I fear and loathe those people because of the power they have over me. I am also angry at myself for giving them the power to upset me so much. > > > > > > > > I have lots of other triggers too, but I can usually run away or cover them up. When the distorted music beats in my chest and rumbles my walls, I can't think of much else. I'm so humiliated when my students and their parents make comments. Eventually, we'll have to move, but we've been here over 20 years, and have our house fixed up pretty much the way we want it with a nice garden, etc.. And how can I ever be sure that I won't have neighbors who are as bad or worse? > > > > > > > > Is anybody out there? > > > > > > > > > > > > > > > > > > > > > > > > > > > > TODAY(Beta) • Powered by Yahoo! > > > > LeBron threatens to beat up heckler > > > > The NBA superstar erupts in anger after a fan makes light of a sensitive situation. > > > > Privacy Policy > > > > Quote Link to comment Share on other sites More sharing options...
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