What are the rules and regulations that are set out by the apartment building management? Smetimes there is a time cutoff for certain types of noise. Also, there may be a requirement for rugs or carpeting on a certain percentage of the floor. Are those rules being followed? Does your city or township have noise codes in place, and if so, what do they say?
This is a common problem in apartments. You should try to make a video in your apartment with sound that demonstrates noise level and your inability to hear your tv in your apartment. Do this for 2 to 3 days. This will be your objective evidence of the noise late into the night.
Speak to a local attorney about your options and let them review your video tape. Pay an attorney for an hour of their time if you cant find one that offers free consultations. You may have options available to you but you must proceed properly.
Confronting your upstairs tenant will only make the situation worse.
The foregoing are comments to a general question of law, and should in no way be interpreted as legal advice. This information does not create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.