Apartment manager fails to enforce pool & spa closing hours, late night noise disturbs adjacent tenants.

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Apartment manager fails to enforce pool & spa closing hours, late night noise disturbs adjacent tenants.

I live in a building adjacent to the pool in my apartment complex, which has a professional management staff. Posted pool rules state the pool closes at dusk. The pool area remains unlocked and lighted all night, and people often use the pool and spa between 11PM and 5 AM causing noise that disturbs me in my closed bedroom. I wrote a letter to the manager, but it was ignored. Can I get an order requiring the landlord to act to effectively close the pool according to the posted pool rules?

Asked on May 9, 2009 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yup.  You have a right to quiet use and enjoyment of your property -- even if you rent.  Sooo, not to mention the liability keeping the pool open at those hours poses for the owners.  Who owns the property -- go above the manager first.

Then, short of suing -- this is where your grassroots work will work:

1. You can contact your local city councilperson, explain the situation to the field staff and see if he or she can help.

2. See if your state actually has a department covering landlord tenant issues.  Contact that dept (best way to find -- call the governor's office).

3. Sue == remember -- the landlorad cannot evict you or refuse to renew your lease as retaliation for your efforts to fix this situation. 


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