Can I be evicted because my 2 and 5 year old are “too loud”?

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Can I be evicted because my 2 and 5 year old are “too loud”?

The neighbor below us constantly bangs on her wall and has complained once before this but I keep my kids in the living room at night to play so they don’t disturb neighbors sleep. They are kids tho and they cry fall etc. I try to be courteous but she seems to be acting very rudely by banging on the wall in response to a baby crying or footsteps.

Asked on April 26, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to counter complain to your landlord about this neighbor's disturbing behavior and that you are not violating any noise ordinances. Put everything in writing and put the oneous on the landlord to mediate this situation. In the interim, you may wish to look other living areas that may have more child friendly neighbors and then you won't have to deal with this person. Sometimes, it may not be your fault to move but may be the best option available.


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