Sue Upstairs Condo Neighbor for Nuisance

Investor · Dallas, TX · Member since 2015 · 446 posts · 197 votes

Hi all - Has anyone had an upstairs unit change floors and ultimately sued them for nuisance because of sound issues? It's in my personal residence condo. I had goals of renting it out in the next year but I don't think anyone would stay given the noise issues, and I'm concerned if I don't disclose I could get sued if I sell it. Thanks for sharing any experiences.

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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
9y
What kind of noise are we talking about? Squeaking floorboards? Normal hard surface/walking noises? Is this during normal waking hours or all night long?
I doubt there's anything there to disclose. I'm curious to know what it is about this noise that is out of the ordinary for condo living?
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
9y
I always warn people that think that suing is a good idea that the person they sue can sue you right back. And you don't know their financial capabilities or how vindictive they can be, so they might just decide to have you in a court room for the next several years.
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Marco G.
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Investor · Dallas, TX · Member since 2015 · 446 posts · 197 votes
9y
Linda Weygant I can hear every single step and can distinguish who's walking (married couple with two kids). I've been dealing with it informally for a year now. They installed new floors when they bought the unit. I had very minor (normal) sound before. There are sleep disruption issues 7 days week. Husband goes to bed around midnight. Sometimes he can't sleep and walks around between 3-4am. Starts before 7am weekends. Bad footfalls and squeaking floor boards. Squeaks started about 3 months after floor installation. Never before. They also won't walk without shoes despite polite requests, including heeled woman's shoes.
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Marco G.
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Investor · Dallas, TX · Member since 2015 · 446 posts · 197 votes
9y
Linda Weygant also I've lived her for five years, no sleep disruption other than last year since they moved in and changed flooring.
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Marco G.
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Investor · Dallas, TX · Member since 2015 · 446 posts · 197 votes
9y
Russell Brazil I agree. It's a fairly straightforward issue and I've been very careful dealing with it. I don't think I could be sued, and have a personal liability umbrella policy. I would be ok if that didn't cover it. But what you say is correct.
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Ravi P.
Investor · Schaumburg, IL · Member since 2015 · 219 posts · 104 votes
9y
I have a tenant experiencing a similar issue. however this has more to do with upstairs neighbors doing laundry in the early mirning (2am). my first step was to speak directly with the upstairs neighbor. since there was no changes, I got the association involved. they ended up sending a letter to the owners. the neighbors continued to do there layndry at night after months of going back and forth with the association. they finally had there legal team draft a letter, informing of the penalties and consequences of not complying. owners ended up replacing the washing machine and noise complaints have been addressed. Sorry for all the rambling, but I would get the association involved if you have one. You may also want to find out if there specifics rules regarding the flooring in your condo. Some assoc. have specific installation requirements, or ban them entirely. If they are not in compliance, they can be forced to rip them out. my association prohibits all 2nd and 3rd floorunits from installing hard surfaces, with the exception of bathroom and kitchens.
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
9y
There may be requirements for an underlayment, that deadens the sound some, required in your condo doc.s for floor installations.....many condos here have that.
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Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
When in doubt, disclose.
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Mike Abramowitz
Investor · Somerville, MA · Member since 2016 · 150 posts · 70 votes
9y
Nothing more annoying than listening to a heavy walker above you... once you start to hear it there's no ignoring it. However, I don't think there's any reason to disclose this, personally if I were to see something that said "Condo floors above are loud" I'd probably laugh. (Not to say that the noises aren't annoying, as I'm sure they are!) But, I think you would defer potential buyers from looking at the unit, its not something that would ever come up in an inspection, and it is something that anyone purchasing a unit with someone living above them should consider.
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Christine Kankowski
Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes
9y
If you sell, you need to include anything you know about the property. I f you list it mattter of factly along with all the other info, the buyers can take what they want. Part of condo living is hearing the noise up above. They wil be there to see the property and while the inspection is going on. so most likely they will hear a noise, however, you do need to disclose.
If it is larger then regular noise, you also need to let them know. I sold a condo where the owner above practived his drums and it was as if he was right in my place with me. I disclosed that he would call me prior to playing to see if it was convenient. WE had a good rapport and I was happy to walk my dog when it was convenient to let him play.
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Mike Abramowitz
Investor · Somerville, MA · Member since 2016 · 150 posts · 70 votes
9y
@Christine Kankowski Disclosures vary from market to market -- may not be necessary depending on location. Sounds like CA is disclosure heavy place, in Mass you hardly need to disclose anything unless the buyer asks.
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Christine Kankowski
Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes
9y
@Mike Abramowitz @Marco G. I agree , California we disclose anything and everything that could be an issue to the buyer. Unrelated, I think that is good business. I would never want someone coming back to me annoyed that they didn't have the full information on something that could be a big deal. Do I disclose that i fixed a sprinkler in 1995, no, but if there is an ongoing problem, I would list it.
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Mike Abramowitz
Investor · Somerville, MA · Member since 2016 · 150 posts · 70 votes
9y
@Christine Kankowski I don't disagree that it's good practice, however, in a sellers market where no one discloses anything and you're listing out multiple issues its may scare away potential buyers who compare your disclosure filled listing to the one next door with no disclosure (and potentially a lot more problems.)
If it were my listing the property I would consult with a local agent and ask to know what the norm is for the area. Is the standard to list every issue and show your overly honest or is it best to leave it as part of the buyer's responsibility as their due diligence process? But that's mostly because I'm having trouble imagining someone listing "loud floors" in their disclosures in my area. (Especially when I've looked at a home with no disclosures that had a 10 foot hole in the foundation from a car driving through it)
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Sean Walton
Wholetailer & Architect · San Francisco, CA · Member since 2015 · 544 posts · 298 votes
9y
Check your CC&Rs a lot of places require 80% carpet or at least carpets in all bedrooms assuming your floor plans are similar that would address most of the issue. As others have stated there are underlayments that can help with hardwood but that would require tearing up their floor. When was your place built? Is it concrete or wood construction. As a last resort You could hang a ceiling below your existing ceding on resilient channels to help reduce sound transfer
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