questions & answers

Question: My neighbor upstairs has 3 kids aand 2 adults. I have gone to management many times to ask them to send a notice about being too loud. The jumping around is so loud it vibrates my windows,I have gone up to talk to the lady and ask her to keep it down a bit. I saw one of the children riding a scooter in the apartment and another jumping off furniture,I told the management about this but they told me it's "part of apartment living" In the lease it states I'm allowed my peace and quiet. 2 days later I got a notice saying I'm not allowed to "pound excessively" on the neighbors door.What can I do?

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. 33 Chapter 10), residential tenants are required by law to conduct themselves and to ensure that other people on the premises with their permission conduct themselves in a manner that does not disturb their neighbors’ “peaceful enjoyment of the premises” (A.R.S. 33-1341). Residential landlords are responsible for ensuring that their tenants meet this obligation, an obligation that applies to tenants in all rented dwellings, including apartments. When a residential tenant believes that one of their neighbors is in violation of this obligation, that tenant is advised to deliver by hand or to send by registered or certified mail to the landlord a signed and dated letter (keeping a copy for the tenant’s own records) formally describing the problem in detail, requesting that the landlord address the problem, and reminding the landlord that it is the landlord’s responsibility under Arizona law to ensure that their tenants’ “peaceful enjoyment of the premises” is not disturbed.