Complaining Neighbours

robertorodrehgo on 16/12/2018 - 07:38

I've lived in the same ground level flat for 2.5 years in the young suburb of St.Kilda. it's a small group of 6 dwellings and everyone gets along, that was until we had new Tennant's move in directly above us.

I've never conversed with the new Tennant's, the first interaction was a letter from their real estate agent advising us that if we didn't make adjustments to our noise levels then further actions would be taken.

2 weeks later an email came through from my landlord who I lease through privately with a documented list of sound disruptions, these were things like
3pm - loud drunk men playing music
7am - door slamming
7am - car idling
6pm - loud talking
4pm - loud music

I phoned my landlord instantly and explained that I wasn't denieing any of the accusations, infact I agreed with them but the fact was that they are not matters to complain about to which he agreed.
About a week later after work a couple mates we're around about 4pm on a Friday "I hope this won't be happening all night!!!!". I was inside so when my friend told me I thought I'd try and nip the situation in the bud. I waited about 10 minutes and seeing as we share the same back stair case, I walked up and knocked on the door. Explained that I think we got off to the wrong start, introduced myself and my 3month old puppy that was in my arms at the time and tried to understand how we could come to an understanding. This lady was so unreasonable, yelling at me, arguing. After then minutes I said I've tried to do the right thing and I'm sorry we can't work things out.

She went to the police! Said I circumnavigated her security system a d that I used bullying and intimating tactics and threatened an IVO.

I've realised this couple is crazy, but I'm worried that they have all this documented information even though I've done nothing wrong. I just got an email from the council that they have also complained too.

I'm a tradie in my 30's, I live with my girlfriend and little doggo, I'm in bed, lights off by 8.30pm 6 nights a week and on a Saturday night I might be up until 10pm. We have no parties beyond a couple Stubbies on our porch after work with a radio going.

Should we contact vcat? The council? I just want to get on the front foot because this couple upstairs obviously has an agenda and seems like they've done this before. I've gathered statements from all other tennants that state that I am in no means a bad neighbour and that I don't disrupt the privacy or noise levels of anyone else. Also in 2.5 years I haven't had a complaint about me previously.

Home & Garden

Comments

      • Other on 18/12/2018 - 13:12

        Ur a spelling nazi. I just called u a nazi. Thanks to the times we live I have now won the argument.

  • lachhelix on 17/12/2018 - 01:11
    +1

    Wow - this just reinforces the reason why I could never live in an apartment… These people sound like complete flogs

    Hopefully the police realise this?!

  • GourmetFoodie on 17/12/2018 - 04:59
    -5

    Just because others have not complained does not mean there is not a problem here.

    First I note you are on the ground floor. And sounds like these neighbours are above you. Well, noise travels up. Even quiet noise can seem very loud, I know this from personal experience. We were on level 12 and could hear our ground floor neighbours every time they were outside.

    Secondly, the music you play….again could be traveling up and just because it's in the day doesn't make it any less of a possible nuisance. We had neighbours once who loved to play trance all the time. The base came right through our living room wall and travelled to our bedroom. Even though they actually didn't have it on loud (again we went into their apartment to hear how loud it actually was). But it drove us bloody batty and caused big disagreements.

    The door slamming and car stuff does seem over the top though. And not defending their police call. Crazy.
    But I just want to play devils advocate and say that they might be being genuinely affected.

    • bargdebarg on 17/12/2018 - 06:52
      +6

      The times mentioned by OP are reasonable to play music. She's in an apartment, what does she expect?
      She is being genuinely affected by something, and it's not anything the OP is doing…

      • RocketSwitch on 17/12/2018 - 10:37
        +4

        lol, God forbid him being a human and doing things.

        He should sit there and DO NOTHING.

        Like a good human. How dare he be human?

        I wonder if he chews loudly? No food for you!

        • AdosHouse on 18/12/2018 - 13:03

          People in units should just sit in their couches and look out the windows, like a psychopath.

    • MessyG on 17/12/2018 - 09:02

      They're well within their rights to do so though at the times listed as long as it doesn't exceed a certain decibel level as per EPA noise regulation. The neighbours might be able to hear their music at 4pm but it's part of living in an apartment, and at that time of day , completely reasonable. I spent most of my twenties living in apartments and have a vast library of stuff I could hear, some annoying, some not (funnily enough it was living in apartments that were above garages with squeaky doors that were the most annoying), but it never occurred to me to complain about people simple living their lives. It does genuinely affect people but it doesn't mean others should stop if it's reasonable.

      • HighAndDry on 17/12/2018 - 11:46
        +8

        It doesn't matter where I live - no one has the right to disturb my peace.

        Your comment is disturbing my peace. I demand that you delete it.

    • HighAndDry on 17/12/2018 - 11:45
      +3

      But I just want to play devils advocate and say that they might be being genuinely affected.

      They may well be "affected". But there's nothing wrong with what OP's doing, so their neighbours can, I believe the technical jargon is, "suck it".

    • smartazz104 on 17/12/2018 - 21:46

      Well, noise travels up.

      Where'd you pull that from? If anything, the neighbour's noise would be more annoying to OP than the other way around. Also, I wonder why OP's next door neighbours have never complained, because, you know, it would be more likely for them to be annoyed than someone above OP.

  • h4zey on 17/12/2018 - 10:25
    +4

    try this:

    step one: Book a holiday
    step two: get a timer and plug your radio into the timer and set max volume
    step three: go on holiday
    step four: wait for the complain to come in then provide your evidence that you were on holiday so it mustn't be from you.
    step five: repeat everytime you go on holiday.

    • ely on 17/12/2018 - 19:22

      Step 6: have more holidays.

  • Bargainkappa on 17/12/2018 - 10:55
    +8

    I had a similar situation, when we moved onto an apartment block, the neighbour started to complain about noise. She even complained that our front door was too loud, taking too loudly etc.. Almost the same as yours.

    At first our real estate agent and body Corp noted the complaints and gave us a written warning. I called both up and explained that we weren't loud and the complained were unreasonable.

    We even had police called on us when we had 5 people over for noise at 9 pm. They came around and left as it wasn't anything to do.

    Anyway short story, the complaints kept coming and both our real estate and body corporate began to realise that the neighbour was crazy and ignored their complaints. We still got good references from real estate agent. So hang in there, you have done everything, let this just play out

    Also keep record of your interactions, Just incase, and any written notes the neighbour may send.

  • Danger on 17/12/2018 - 10:57
    +2

    Send her a Christmas Gift of noise cancelling headphones. Sony XM3 or Bose II ?

    • Croshema on 18/12/2018 - 15:30

      XM2 on sale 🤑

  • MementoMori on 17/12/2018 - 11:08
    +6

    Following this thread with interest. I sympathise with your situation - I too was the 'young wild party animal' (age mid 30's) with a 60 year old unreasonable complaining old spinster living below me. She constantly call the cops and so on, 2 or more visitors was 'a party' to her, she even once call the cops to complain about noise when I wasn't even at the property!

    I did end up going to VCAT mediation, which was a total waste of time and tax payer money - they instantly took her side as the 'poor old lady'. She had called up the mediator beforehand to plead her case (which you're not supposed to do).

    In hindsight I was far too polite and just tried to do the right thing.

    In the end I moved out due to the stress (and I owned the property - I sold it), however, my best guess on how to deal with this is (unfortunately) give it back to her just as good as she gives it. People like her get away with this behaviour because noone calls them out on it. Show her you're not afraid and just complain back.

    You'll have to decide if the stress is worth it.

  • Munki on 17/12/2018 - 11:43
    +3

    It'd be amazing if OP follows the advice of people to ask neighbours if they're cool with the noise, and it turns out all the neighbours have secretly hated OP all this time and his shitty taste in music, and just want him to stop but they wanted to be polite.

    What a twist.

    There's only so much Shakira you can listen to, OP!

  • Speckled Jim on 17/12/2018 - 11:45
    +3

    Summer's here — fire up the barbie!

    • Pootie Tang on 17/12/2018 - 14:11
      +1

      V8s and VBs

      • [Deactivated] on 18/12/2018 - 07:20

        V8s and VBs

        And some fully sick subwoofers ;)

  • kaleidoscope on 17/12/2018 - 11:47

    Assuming all you’ve said is true, you need to be careful when dealibg with them again.
    Document things, have evidence ready to prove them wrong or that they’re exaggerating simple matters.
    Get your other friendly neighbours to give a taste of their own medicine.
    Complaign back to body corporate and your real estate agent as well.

  • [Deactivated] on 17/12/2018 - 12:04
    +26

    Feed birds with some meat

    • rave75 on 17/12/2018 - 13:44
      +3

      i understood this reference.

    • j4ck on 17/12/2018 - 14:45
      +3

      You must be fun to hang around with…

      • frostman on 17/12/2018 - 15:41
        -6

        Fun? since when was 0-consideration fun?
        Since when did we turn into animals where you can just bellow all night with 0-regards to your neighbors?
        The point im making is that you can have all the fun above in various options:

        • Park/Outdoor
        • Pub/RSL/Club
        • Own house

        You cannot purchase an apartment [AKA shared dwelling] and expect to live that life.
        OP pays just about as much STRATA fees as the complainer neighbors, i.e OP is not self-entitled to annoy the neighbour

        Beggars can't be choosers.

        • Baysew on 17/12/2018 - 16:35
          +11

          I must have missed a chapter.

          Post by frostman on 24/07/2018 - Annoying neighbor launching STRATA noise complaints

          • j4ck on 17/12/2018 - 16:43

            @Baysew: Haha… amazing find!

          • jazzilla on 17/12/2018 - 17:02
            +2

            @Baysew: 'Ladies and gentlemen, we got him.'

            • frostman on 17/12/2018 - 21:11
              -4

              @jazzilla: Im failing to find the relevance of my post with this?

              • smartazz104 on 17/12/2018 - 21:50
                +7

                @frostman: You're trying to school the OP on what is and isn't reasonable noise (and in the process you seem to be taking the side of the crazy neighbour), when you yourself are in the same situation. If you don't see the irony, well, then you are truly lost.

                • frostman on 18/12/2018 - 08:31
                  -2

                  @smartazz104: How do you know the neighbor is 'crazy' champ, have you met them yourself?
                  So by reading OP's message saying X neighbor is an idiot, you resolve to suggesting; yes, X neighbor is an idiot? You know what, you'd make a very good Judge in court.

                  • Plaintiff: "Your honour, Matt owes me $1,000 and hasn't paid back"
                  • smartazz104 Judge: "Matt, the court finds you guilty and you will pay Matt back + interest. Case closed"

                  My schooling of OP is in general terms, i.e. if you want to invite mates over for a drink till late, know that shared dwellings like apartment present an issue. Just because you work from 7am-4pm doesn't mean the rest of the people do to. It's also a known fact that there's no such thing as a quite conversion between some drunken lads.

                  • tomsco on 18/12/2018 - 09:52
                    +1

                    @frostman: Where in the OP did they say that any of the complaints were late night.

                    • frostman on 18/12/2018 - 09:57
                      -1

                      @tomsco: The point I was making was irrespective of time, but more so about the noise-pollution in shared dwellings.
                      Hence my point, no everyone works 7am-4pm, it may well be loud music/chatter at 4pm being just as inconveniencing for a Nurse, or Ambo, Firefighter, Security Guard, Call Centre Manager, etc.

                      People argue well unless unless it's past 12am, it's ok as per the law. the fact is that apartment living has rules as each and every lot owner pays almost the same to the owners corporation. They don't need to be subjected to anything that breaks the peace.

                      • tomsco on 18/12/2018 - 10:50
                        +2

                        @frostman: Fair enough.

                        Regardless, as per this update from the OP, it is quite clear the neighbours have an ulterior motive and are just using OP as their scapegoat, hence a comment like

                        Wake up to yourself and have consideration,

                        Was not called for.

                      • Baysew on 18/12/2018 - 10:51

                        @frostman:

                        They don't need to be subjected to anything that breaks the peace.

                        But when other people complain about your noisy children, they are over-reacting?

                        • frostman on 18/12/2018 - 11:05
                          -7

                          @Baysew: You can lead a horse to water, but can never make it drink.

                  • smartazz104 on 18/12/2018 - 12:52
                    +1

                    @frostman:

                    It's also a known fact that there's no such thing as a quite conversion between some drunken lads.

                    Yes just like there is no such thing as a quiet game of hide and seek between 5 year olds running around the place.

                    If you are taking the side of the neighbour here, then the person making complaints against you must also be right, champ. At any rate, OP has provided an update so it's obvious the neighbour thinks they are being clever, but they are also quite stupid.

    • That Guy on 17/12/2018 - 15:16

      I bet you're good with kids.

    • robertorodrehgo on 18/12/2018 - 20:57

      Is that you Sally!?!?!

  • [Deactivated] on 17/12/2018 - 13:42
    +2

    Can always use that tradie money to buy your own place m8

    • Jugganautx on 17/12/2018 - 22:49

      some people prefer to buy expensive cars than to have their own place to live shrugs

  • Pootie Tang on 17/12/2018 - 14:10

    I would reference that in 2.5 years you never had a complaint until this new neighbour has moved in and you feel they are very unreasonable. Live your life, trounce this mole.

  • morebunnings on 17/12/2018 - 14:19

    She went to the police! Said I circumnavigated her security system a d that I used bullying and intimating tactics and threatened an IVO.

    If she really is as bad as your say, then next time you need to chat to her about something, do so casually and video record the whole thing without her knowing. (Casually hold your phone so you get an angle of yourself or her). Start the recording in your apartment, stating to the video the date and what you are going to talk to her about, end it when you get back to your apartment.

    That way if she does complain to the police, you can show them the video which will clearly show she is lying. This will cast doubt on all her other complaints previous.

  • backpaqer on 17/12/2018 - 14:25
    +2

    Oh sounds like you must have someone genetically related to my neighbor! Read up on the EPA regs and realise there is nothing she can do. She can call the police and if they come around to find an average bunch of guys enjoying a quiet bevy on a Friday arvo, they will start to make notes on this woman and begin to ignore her. They might even consider charging her for wasting police time.

    +1 to getting a drum kit.

  • Neptunesblood on 17/12/2018 - 16:27

    Word of warning. VCAT are useless even if you win.

  • GuessHowMuch on 17/12/2018 - 16:27
    +4

    What a piece of work!

    My suggestion is to take care of your things - car, bikes, puppy etc.

    You don't know what they could try to do to drive you out.

  • Thatsgold on 17/12/2018 - 17:07

    Please take this trash of people out to a desert and leave them there…
    However they might complain about the noise of the sand

  • [Deactivated] on 17/12/2018 - 18:05

    All tradies talk too loud and play music too loud. That said, you sound like a decent tradie like the dudes we currently have next door. I'd say these dudes are damaged from past experiences and have ptsd which your tradie traits have caused to resurface. They'll move. In the meantime, perhaps annoy them purposely but within limits you know are legally acceptable. Be sure to idle your car each morning for an extra 5 minutes and let doors slam when it's windy. Remember, they will never win, so just enjoy yourself as long as you're not really being a prick.

  • RubenM on 17/12/2018 - 18:08

    I haven't read the entire thread, but I actually have to agree that these are pretty bloody inconsiderate if you live in an apartment.
    If you want to be loud, maybe consider moving to a house.

    "3pm - loud drunk men playing music
    7am - door slamming
    7am - car idling (only inconsiderate if it's for a long time and/or a V8/diesel)
    6pm - loud talking (this one is okay)
    4pm - loud music"

    None of it seems to be against the law or council rules or anything like that, but it does violate common decency, in my opinion.

  • mafmouf on 17/12/2018 - 19:03

    With similar issues I had a few years ago with a neighbour who ended up having mental illness and threatening my life, I have a few suggestions:
    1. Always keep your cool around those neighbours. They may be irrational enough to take anything you say or do out of context.
    2. Avoid them to then avoid any potential conflict.
    3. Record every interaction where something haooens.
    4. Get a front door video recording device (I bought one for about $60 and captured several interesting videos).
    5. Enjoy life and hope they just leave.

  • robertorodrehgo on 17/12/2018 - 19:04
    +17

    Quick update to my bargain hunting pals,
    I've joined the 1%ers and bought a Harley so things should sort themselves out now…

    But really, spoken to 4 owners here, one of which owns the unit in question and the general consensus is that they are desperately trying to break their lease without paying any fee. They've requested a shortened 6 month lease with the option to continue month to month while citing my "behaviour". I'm away for the next month so by early Feb we should know a bit more. I'm very much expecting to get emails regarding this over the break.

    Will keep the team posted.

    • 1mmy1mmy on 17/12/2018 - 19:10
      +4

      Heh. I guess if the owner knows you and clearly thinks it's ok to live with you then you have nothing to worry about. Sit back, get some popcorn, and watch this craziness unfold!

      Enjoy the holiday!

    • Scrooge McDuck on 17/12/2018 - 22:03
      +3

      How lovely that this manipulative person is perfectly happy to cause collateral damage to an innocent person!!

      Great to have the full explanation. Thanks for keeping us updated!

    • MementoMori on 18/12/2018 - 10:57

      Can you contact their agent to tell them this? Should be easy to find with a Google search (the 'for lease' ad).

    • [Deactivated] on 18/12/2018 - 20:32

      Op, Did you say above you? You didn't pay attention, that's them making noises all the time. Time to start your complaints rolling around and taking out your leaf blowing beast!

  • dumvamp on 17/12/2018 - 19:11
    +10

    Live in qld
    Had a BAD neighbour feed horrible foods to our dogs, caught them, yelling match ensued, horrible claims about my animals made, so they called the cops on me.
    Cops came, had a chat to the officers and explained the situation. Cops played with my dogs and gave me the all good and even a few helpful suggestions as to how to deal with her.

    Went and bought security cameras to monitor the fence line between the properties that arvo.

    Next day cops where back at our request cos she threatened to pull down the fence (she rents, I own) as my "dangerous dogs" needed to be freed so they could roam and fend for themselves, yeah her actual argument.

    Screamed blue murder about the cameras and the health of my dogs (the bad health she had been causing for multiple months due to the bad feeding).
    Police take on it was she needed to get a life and leave us alone.
    They told her if she approached us again they would support a court order, can't remember the exact name, but a neighbour-be-nice behaviour bond.

    A good 5 months passed without further issue (other than the glares and the middle fingers) until we had a BBQ near the fence line, only 3 ppl (total) in attendance and at 7:30 on a Friday night she called in a noise complaint because we were talking too loud, (they don't work and it was my first Friday off in a year) , so when the cops turned up it was a little unexpected.

    Our GOOD neighbours told the cops that they had no issue with the noise, strongly suggested that the BAD neighbour was off her meds, Police confirmed they had driven by and didn't hear anything, told us to enjoy the wine and that was that.

    She's pulled her head in pretty well since then, but she also knows she is on camera.

    Keep your other neighbours on the good side, camera it up if you are allowed, and it may honestly be good to call the cops and have a chat, the guys we had were great and understood that we were just trying to live our lives and we wanted nothing to do with her, and that we weren't doing anything wrong.

    Hope it gets better for you

  • KangaBanga on 17/12/2018 - 21:39

    Dont waste your time. Just get on with life and ignore the neighbours. So long ur landlord happy with u, new tenants cant do anything.

    Might be god hinting for u to start saving up for ur own place. House prices already down 20%+ many places, probably end of next year u can buy a new place cheaply from someone who is forced to sell.

  • garetz on 17/12/2018 - 22:47

    There is noise outlines, just refer them to that information.

  • berger on 17/12/2018 - 23:02

    Neighbours are never much fun. If you have something to use against them, that’s always handy.

    Ours complained about our dog to council, didn’t speak to us first which was annoying. We had 7 days to stop our dog barking, only when the postie comes..

    I confronted him, explained that I’ll arrange the council to inspect a crack in his garage wall. The next day, dog complaint withdrawn.

  • [Deactivated] on 18/12/2018 - 07:49
    -1

    You could, try to resolve the conflict, be the better man/person, and extend an olive branch of sorts.
    Send them Christmas card with a nice message. They may be genuinely afraid of you face to face (not your fault, but something to empathise with) so instead of a further face to face confrontation or discussion (which would likely lead to more complaints and/or police called) find a different way to communicate, starting with the card.
    Maybe give them your phone number, and say something like hey I understand sometimes when we are drinking we might get a little loud, we don't mean to be, just send me a text and I'll encourage the boys to keep it down a bit.
    Say something like "it would be much better for all of us, if we could try to resolve this between ourselves a friendly and mature manner" "I understand I may have surprised you and given you an unexpected fright by turning up at the door, this certainly wasn't my intention to make you feel uncomfortable, so if we could work out some way to discuss things directly would be great, maybe we could either talk on phone, or meet at a local cafe and discuss things over a cuppa" (or invite em to the pub, but sounds like its not their scene).
    Anything you can do to get a civil dialogue between you and neighbors will probably be beneficial . Obviously turning up at the door isn't going to work out, but even exchanging letters in each others mailbox, as long as both parties are respectful, that could work.
    Perhaps close your letter in Christmas card with something like any suggestions on how we could better get along would be much appreciated, it really isn't our intention to bother you or make you feel uncomfortable, a bit of tolerance and understanding between us and i think and hope we can all get along fine".
    Idk if it will work, but worth a try, and anything is better than no dialogue and every little thing going direct to police or real estate complaint, when if you had known your mates were getting a bit too loud while drunk, you probably would have just said hey boys, keep it down a bit I know from experience, that when you're drunk sometimes volume of talk etc goes louder without realising it. As long as they text you or something to let you know, you could have sorted it out between yourselves in a friendly and considerate manner, but they didn't give you a chance, just straight to major complaint.
    If not comfortable giving your phone number, maybe just give them your email (if you get emails straight away on your phone) . Can easily block emails or text from particular person anyways later if it becomes a problem.

    • robertorodrehgo on 18/12/2018 - 20:53
      +1

      That's a really great idea, I think they'd think I'm patronising them however. I must reiterate that a few beers is exactly that. I drink mid strength and never have more then 4 or 5. When I tell my work mates and friends about all of this i get the response of "settle down party animal". Everyone knows I'm the first to head home.

  • djones145 on 18/12/2018 - 08:27

    go to ur local council page about noisy levels
    print it out and stick it in there mail box
    usually there is noise restrictions between certain times

    make sure you are with those times and document everything!

    all else fails, today tonight or ACA

  • zombie hunter on 18/12/2018 - 17:37
    +1

    Get a camera old motto people lie cameras dont

  • NotSteve on 19/12/2018 - 03:59

    this aint Banyans mate, keep it down :)

  • desync on 19/12/2018 - 09:16

    sorry about this, i've came to the realisation that people in general are selfish assholes

    i don't suppose you work on residential construction sites? perhaps this is the accumulation of bad karma from playing your radio at constructions sites full blast from 6am every morning muahahaha

  • backpaqer on 19/12/2018 - 09:52

    I've found the best solution is to ignore the neighbor. They will get used to the "ambient" noise of the neighborhood soon enough. You've been there longer - they are new. She sounds like a psycho. Just stay away from her and let her complain.

    I used to live in South Yarra with the trams rattling past then moved to a quiet suburbs and I found the silence quite disturbing! You could hear a pin drop on soft carpet.

  • Pootie Tang on 19/12/2018 - 13:39

    Get a fake security camera

  • pformag on 19/12/2018 - 14:52

    Silicone their keyhole.

  • stampella on 19/12/2018 - 16:40

    Hey OP, happy to drop at your place and have a few beers with you. We should source a sound meter (confident that we can find a bucket of those on gearbest) and I would be happy to bring in a camera. After the few beers, I'd be happy to reach the closest police station to have a quick stat dec signed and put aside for when the few beers will be described by your neighbors as the 1812 Ouverture, with cannons, bells, s-hit and all.

    Sad part of the story is that, considering they are blaming you to break their lease, the win scenario involves having them around until the lease expiry…buy hey, isn't it satisfying to not allow them to win?

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