Hi, I've been living in my apartment for nearly a year in a half. Lately, I've been receiving complains for walking in the apartment too early. They told me to get slippers, which I did and maybe put a carpet on the floor. I have to get up for work around 6am, so there is no way I can avoid walking before 8am.
They said it's heavy walking, but I'm honestly nearly tippy toeing around the house.
I've now received an official letter about 'heavy walking' in quiet hours. Is there anything I can do to defend myself?
Are they moving towards to evicting me?
There is nothing that the landlord can do here based on you "loud walking" and there's nothing "official" about a letter from your landlord in this case, no matter what terminology they use. They can always try and evict you for any reason, good or bad, but there is no way they succeed if this is the only issue and if you have to defend against it you may be able to ask for costs. In fact, the landlord may be violating your rights by harassing you about normal use of an apartment. If they refuse to leave you alone, have an attorney send your own demand letter detailing their violations.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
Your landlord is trying to avoid a conflict between tenants by sending you that letter. You have every right to the full use and enjoyment of your apartment. So does the downstairs tenant. You have already mitigated beyond normal means by getting slippers and putting down rugs. If the landlord wants to sound proof the apartment or buy noise reducing rugs beyond what you have done then that is on them. You should seek a free consult with an attorney to review that letter and respond if necessary.
Disclaimer- The information you obtain through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately
If what you are saying is the complete list of facts I would honestly have to say it is ridiculous. This is a problem with the building and their lack of sound proofing or lack of insulation. As stated, there is nothing against loud walking in any statute in Massachusetts that I am personally aware of...sure there is noise and habitability and quiet enjoyment statutes but you can't reasonably be expected to step each step like you are avoiding squishing an egg. If anything I would think that the fact that you have to tiptoe would speak more to your level of quiet enjoyment afforded by law- If this problem persists and the landlord threatens and harasses you about it or your neighbors do, please seek legal counsel.
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