I was the renter of a duplex apartment, and we had a fire. We lost everything but our lives-thank god. This fire happened in july 2005. Now last Friday, the 27th, I was served with a summons. My old landlord's insurance company is suing us for $80,000. They're saying it was child negligence of my 2 year old as the reason for the fire. They're saying my 2 year old(at the time)is responsible for setting the fire. In the summons it says "On july22 2005, the defendants failed to properly supervise a minor child who negligently and carelessly caused a fire while playing with matches..." It says we were responsible for supervising him and for keeping the matches in a safe place. This is bullsh!t! I was cooking, the father was sitting in the living room, and my son was playing in his room. The fire started in my room. And I had the matches on top of a very tall dresser. I feel like just because I admitted to having matches in the house, they're automatically trying to place the blame on that
Answers:
%26gt;%26gt; In the official fire report, the cause is stated as the result of a young child playing with a cigarette lighter. %26lt;%26lt;
This is the reason they filed suit. Did you have homeowners' or renters' insurance? If so, they will defend you. If not, you will have to pay the costs of your own defense.
If you really did lose everything you may be a good candidate for bankruptcy. Talk to a local lawyer about both of these issues.
You need the Fire Marshals report! That will state exactly what caused the fire. and get an attorney.
What state are you in? I think you're well beyond most state's statute of limitations. Get an attorney. Sue them for filing a frivilous law suit. Sounds like the facts are on your side, all you need if the official report of what started the fire.
This is begining to sounds more and more like bad faith. You have insurance to cover accidents, not charge you for them. You need to get a good attorney.
Your Insurance Company is trying to recoup losses paid to the Landlord for the Landlords insurance policy. Your are going to need an experienced attorney experienced in civil case work/insurance companies ASAP. You should call your state's bar association for a listing of attorney's. If the insurance company receives a favorable judgment YOU COULD LOSE EVERYTHING YOUR OWN through bank levies, wage garnishments, reprocessions, etc.
The insurance is fishing for ways to reduce the amount they have to pay, Can they prove your son with playing with matches? Was it determined to be arson by a 2 year old ? I would not want to have to prove you were responsible in Court
You need to see a lawyer ASAP.
In most states, they only have 2 years to file a complaint for that, so they might be cutting it close, if not totally outside of the statute of limitations. The date of the filing (check the file stamp on the summons you recieved) has to be within 2 years of the incident. Check that out, and also get a copy of the police or incident report that states exactly what the cause of the fire is.
The other thing is, the company has to put you on notice that they're about to file a lawsuit, to give you the opportunity to settle it or deal with it out of court. It doesn't seem to me, from your story here, that they tried to do that, and that won't help them in court, either.
Basically, now that you've been served, you need to appear in court and file an answer to the lawsuit, and that would be done best if you had a lawyer. You need to show that your child wasn't the cause of the fire -- and check the statute of limitations.
This is a weird one. If the fire started in the other room, and the police report said it was an accident, it's hard to imagine what they think they are going to get out of you. Are they trying to get you to settle and give them money? I wouldn't. On the other hand if you have to hire an attorney it will be expensive. If you have an attorney and you win, you may be able to counter sue, and make them pay for harrassing you unfairly.
Do you have any money to pay them if they did win? I'm guessing not, so they can never collect probably. People usually only sue if they know another insurance company will pay the bill, otherwise they can never make you pay if it will make you bankrupt. Do you know why the fire started?
You should have never admitted any thing and counter sue because they had faulty wiring in the place. You are walking on quick sand here. So get legal advice. If they can shift the blame it lowers any pay out that they mite make for the firer. You left the door open for them by telling the Truth. It sucks but that is life with insurance companies!
Who is this guy? He wasn't there to see the fire start. In legal terms, he has no proof. Any good lawyer can get you out of it. Just make sure YOU have proof.
Tuesday, May 25, 2010
I'm being scammed by sprint pcs!! Help!!?
Our two year contract with sprint pcs was up in may 2007 which i had all intentions of changing to another carrier. (Their customer service is now located in India) In June 2007, I changed carriers and had all of our phone numbers ported over. Everyones numbers were out of contract. In Mid June, I received a notice via mail from sprint that i renewed my contract for 6/4/07 to 6/4/09 which i had not.I had called their cust. serv. to get this corrected and i was assured that this would get taken care of. The first part of July, i received a bill for over 800 dollars with penalty fee for early termination . I called and they said I had renewed my contract. Which I hadnot and had already changed to another carrier. They told me that they would cancel the new contract and deduct all termination fees. (200 bucks per phone). Thought everything was taken care of, then in July, received a new bill with the same charges plus a 60 dollar late fee. Help!
Answers:
Report them to the Better Business Bureau.
You can also try to contact the Corporate Customer Contact Dj Huston at this e-mail: executive.offices@sprint.com
Corporate Info:
Sprint P C S
6200 Sprint Pkwy
Overland Park, KS 66251
Telephone: (888) 211-4727
Mr. Gary Forsee, CEO
I don't understand why anyone would get phone service with a contract.
You gain nothing by it.
if you honored your time with them you are by law no way obgulated to pay that bill ask to speak to there fincinal office and let them know you fulliled your part and give you proofe on there.s they cant you own nothing to them it.s law in all states . my honest opion?
I have no clue what your talking about because I hate reading.
but i saw your question and just figured i would say that my mom DEF had a problem with sprint too.
our cell phone bill was like $120
and she paid it, however like a month later some company said they were calling on behalf of sprint and told her she owed $500+.
so she called sprint and they said she DEF didnt owe that money.
so she called that company who told her she did owe money,
and the number they gave her was for a funeral home.
ps
i totally understand if you dont read that whole paragraph since it was a BEAST long
Welcome to the screwed up world of Sprint...call the FCC. My husband spent 43 hours on the phone trying to straighten out a mess that Sprint had made. And don't let it disappear...cause it won't...they just shut up and put it on your credit record.
Don't feel bad they had opened 6 phone lines for him and he only has two. We are still watching to see that none of it pops back up.
I was spammed by Sprint when I called to ask about a rate plan for my home phone and they just changed the plan even after I thanked them for the info and told them that I did not want to use that program.
They are the biggest ripoffs in this country.
http://www.fcc.gov/contacts.html...
They get you by, if you make the littlest change they autmatically renew the contract most of the time they "forget" to inform you. Fight it. Talk your way up to the person in charge. If this is all true what you are saying then tell them you will renew if they deduct all charges, after they do that then, do not renew.
I have the same problems...I'm divorcing them.
When I renew my contract, I always sign off on it. Tell them to show you proof that you renewed your contract. As someone else said,if you change ANYTHING they make you commit to a new contract. It doesn't sound like you did that, but double check.No phone bill should be that high regardless. Keep fighting it. I have a friend that calls their bluff on a regular basis and she always ends up with perks.
Answers:
Report them to the Better Business Bureau.
You can also try to contact the Corporate Customer Contact Dj Huston at this e-mail: executive.offices@sprint.com
Corporate Info:
Sprint P C S
6200 Sprint Pkwy
Overland Park, KS 66251
Telephone: (888) 211-4727
Mr. Gary Forsee, CEO
I don't understand why anyone would get phone service with a contract.
You gain nothing by it.
if you honored your time with them you are by law no way obgulated to pay that bill ask to speak to there fincinal office and let them know you fulliled your part and give you proofe on there.s they cant you own nothing to them it.s law in all states . my honest opion?
I have no clue what your talking about because I hate reading.
but i saw your question and just figured i would say that my mom DEF had a problem with sprint too.
our cell phone bill was like $120
and she paid it, however like a month later some company said they were calling on behalf of sprint and told her she owed $500+.
so she called sprint and they said she DEF didnt owe that money.
so she called that company who told her she did owe money,
and the number they gave her was for a funeral home.
ps
i totally understand if you dont read that whole paragraph since it was a BEAST long
Welcome to the screwed up world of Sprint...call the FCC. My husband spent 43 hours on the phone trying to straighten out a mess that Sprint had made. And don't let it disappear...cause it won't...they just shut up and put it on your credit record.
Don't feel bad they had opened 6 phone lines for him and he only has two. We are still watching to see that none of it pops back up.
I was spammed by Sprint when I called to ask about a rate plan for my home phone and they just changed the plan even after I thanked them for the info and told them that I did not want to use that program.
They are the biggest ripoffs in this country.
http://www.fcc.gov/contacts.html...
They get you by, if you make the littlest change they autmatically renew the contract most of the time they "forget" to inform you. Fight it. Talk your way up to the person in charge. If this is all true what you are saying then tell them you will renew if they deduct all charges, after they do that then, do not renew.
I have the same problems...I'm divorcing them.
When I renew my contract, I always sign off on it. Tell them to show you proof that you renewed your contract. As someone else said,if you change ANYTHING they make you commit to a new contract. It doesn't sound like you did that, but double check.No phone bill should be that high regardless. Keep fighting it. I have a friend that calls their bluff on a regular basis and she always ends up with perks.
Im being evicted because owner fiund out that i'm subleasing i have always paid the rent?
my dad also lives with me and is on hospice and dying in final stage of congestive heart faliure. can she really make us move at this time. we are paying the rent so what should she care
Answers:
I'm sorry for the hard time you're going through. Most leases prohibit subleasing without permission. If you've broken the lease-the landlord can evict you.
Have you tried talking to the landlord-explaining your situation?
As a landlord I'd think your landlord would work with you. Our business is to collect rent-why kick out a paying tenant?
Is there more to the story then you've let on?
Hope all turns out well.
It usually states in the lease that it violates your lease
not only because you subleased
but also because some landlords allow others to stay, but with a $X tagged on per week or per month per person, and the landlord must know about it.
However, your landlord is required to give you 30 days to get out, save for a court order
Need a little more information. Especially what state you live in. Rental laws differ from state to state. But on a whole, yes he can evict you, because you don't have a lease with him. Also, are you paying the rent to the person he rented the place to, or the owner directly? If your paying the renter, he might not have paid the owner, ect.
Sadly, it is the law. There should be exeptions to this though.
Talk to someone that can give you legal advise about this.
Good luck!
does it violate ur lease
If the original lease forbids sub-leasing, yeah- you broke the lease.
If the original lease specifies that only you can live in the apartment, yeah- you broke the lease.
I'm not saying it's ethical, and I'm not saying it's not ethical. If you broke your lease, then the owner has every right to evict you. At the same time, maybe there is a way that you and the owner can re-negotiate a new lease that will allow you AND your father to continue living there.
They say that it's easier to get forgiveness than permission, but I disagree (I have some stories for you!). I know it's a little too late, but you should have talked to the owner before your father moved in, made sure it's ok for him to move in.
You should check your original lease. Most of them will include a clause that the owner has to pre-approve any tenants you plan to sub-let to. This makes sense because they want to know in advance what type of tenants they will have and have a chance to check their credit rating, etc. Your question, however, is confusing. Who did you sub-let the place to, and where are you and your Dad living now? Did you have the new tenants sign a sub-lease? I assume you and the landlord aren't confusing the fact that your Dad is living with you with what constitutes a sub-lease. It sounds as if you may have some financial difficulties. I suggest that you check with social services and find out if there is a store-front or legal-aid office that could advise you. There may be a tenants-rights group in your area. As a last resort take your story to a newspaper and see if they are interested in your story. Maybe they have an 'Action Line' columnist who would help you. Before you do any of this be sure you have your facts (not opinions) organized and copies of any papers or documents (i.e. lease, letter from landlord, etc.) available. Any time the landlord contact you in any way make some notes right away ... i.e. time called, what she said, etc. Don't put it in your own words, but write down word-for-word what she says. Don't loose your temper and don't get shitty with her no matter how tempted you may be. As a last resort very nicely ask your landlord for her lawyer's name as your lawyer wants to contact him. That may be B.S. but it might make her back off. Good luck!
The fact that you always pay your rent is irrelevant. Somewhere in your lease agreement it probably states that you aren't allowed to sublet your apartment. It may not be the most moral thing to do, but it certainly isn't illegal.
Answers:
I'm sorry for the hard time you're going through. Most leases prohibit subleasing without permission. If you've broken the lease-the landlord can evict you.
Have you tried talking to the landlord-explaining your situation?
As a landlord I'd think your landlord would work with you. Our business is to collect rent-why kick out a paying tenant?
Is there more to the story then you've let on?
Hope all turns out well.
It usually states in the lease that it violates your lease
not only because you subleased
but also because some landlords allow others to stay, but with a $X tagged on per week or per month per person, and the landlord must know about it.
However, your landlord is required to give you 30 days to get out, save for a court order
Need a little more information. Especially what state you live in. Rental laws differ from state to state. But on a whole, yes he can evict you, because you don't have a lease with him. Also, are you paying the rent to the person he rented the place to, or the owner directly? If your paying the renter, he might not have paid the owner, ect.
Sadly, it is the law. There should be exeptions to this though.
Talk to someone that can give you legal advise about this.
Good luck!
does it violate ur lease
If the original lease forbids sub-leasing, yeah- you broke the lease.
If the original lease specifies that only you can live in the apartment, yeah- you broke the lease.
I'm not saying it's ethical, and I'm not saying it's not ethical. If you broke your lease, then the owner has every right to evict you. At the same time, maybe there is a way that you and the owner can re-negotiate a new lease that will allow you AND your father to continue living there.
They say that it's easier to get forgiveness than permission, but I disagree (I have some stories for you!). I know it's a little too late, but you should have talked to the owner before your father moved in, made sure it's ok for him to move in.
You should check your original lease. Most of them will include a clause that the owner has to pre-approve any tenants you plan to sub-let to. This makes sense because they want to know in advance what type of tenants they will have and have a chance to check their credit rating, etc. Your question, however, is confusing. Who did you sub-let the place to, and where are you and your Dad living now? Did you have the new tenants sign a sub-lease? I assume you and the landlord aren't confusing the fact that your Dad is living with you with what constitutes a sub-lease. It sounds as if you may have some financial difficulties. I suggest that you check with social services and find out if there is a store-front or legal-aid office that could advise you. There may be a tenants-rights group in your area. As a last resort take your story to a newspaper and see if they are interested in your story. Maybe they have an 'Action Line' columnist who would help you. Before you do any of this be sure you have your facts (not opinions) organized and copies of any papers or documents (i.e. lease, letter from landlord, etc.) available. Any time the landlord contact you in any way make some notes right away ... i.e. time called, what she said, etc. Don't put it in your own words, but write down word-for-word what she says. Don't loose your temper and don't get shitty with her no matter how tempted you may be. As a last resort very nicely ask your landlord for her lawyer's name as your lawyer wants to contact him. That may be B.S. but it might make her back off. Good luck!
The fact that you always pay your rent is irrelevant. Somewhere in your lease agreement it probably states that you aren't allowed to sublet your apartment. It may not be the most moral thing to do, but it certainly isn't illegal.
I'm an illustrator and have been requested to draw subjects that are considered immoral and even illegal.?
I know that people into subjects such as pedophilia or bestiality in this country are considered to be sexual offenders, especially for having possession of child porn on their computers. However, I was wondering if illustration wise if such images could be created legally. I know for instance there are illustrations out there depicting murder, rape, and torture of women (which is also immoral/illegal). I'd imagine that since that is legal to have such fantasy illustrations that other subjects would be also legally acceptable no?
Answers:
Actually, in the US --- only real images of real children can be considered child pornography.
Animated images, computer graphics, or images of adults that look like children are not considered child pornography
The Supreme Court ruled on this point a few years ago, based on the fact that in these instances, no actual children were involved at any point in the process, so there was nobody to protect by making these fake-images illegal.
Don't do it. No amount of money is worth your soul.
Yuck, why would you want to? Who cares if it's legal, not everything that is wrong is illegal. Just accept that it's wrong and don't do it.
Do you really want to be a part of the debasement of mankind? If you are talented surely you can find better subjects to illustrate.
You have two choices:
1. Draw these things and risk going to prison, the scorn of your family and friends, deep guilt, endless nightmares, and ending up in Hell.
2. Say no.
I can see how that could be a tough one.
Answers:
Actually, in the US --- only real images of real children can be considered child pornography.
Animated images, computer graphics, or images of adults that look like children are not considered child pornography
The Supreme Court ruled on this point a few years ago, based on the fact that in these instances, no actual children were involved at any point in the process, so there was nobody to protect by making these fake-images illegal.
Don't do it. No amount of money is worth your soul.
Yuck, why would you want to? Who cares if it's legal, not everything that is wrong is illegal. Just accept that it's wrong and don't do it.
Do you really want to be a part of the debasement of mankind? If you are talented surely you can find better subjects to illustrate.
You have two choices:
1. Draw these things and risk going to prison, the scorn of your family and friends, deep guilt, endless nightmares, and ending up in Hell.
2. Say no.
I can see how that could be a tough one.
I'm a young man who got a phone for a friend of mines to use with the understanding that he'd pay the bill.
He had the bill four about 6 months and paid it , somewhere in there he decided to stop paying the bill it went to collections and then to me. He's not trying to respond to my phone calls. Is there any thing legal that can be done it was sent to his address he did pay for it with his name all the numbers on the bills are friends of his is there anything i can do other then pay this dam bill? Is small claims court a option
Answers:
first off you were a damn fool
2nd take it to small claims court and bring all your bills
third turn that phone off
4th you need to pay the bill off before it ruins your credit anymore , that happens allot but your reason doesn't hold up and you will get a judgment against you if its not payed
i hope you learned your lesson this time and count it as lucky
dont give people the opportunity to screw you they will every time
Yes, it sounds like small claims court is your only option. Hurry, your credit is being ruined.
You're kinda screwed here. First thing you need to do if you haven't already is cut off the damn phone.
Your best hope is that it turns on his having paid the bill previously. If you go to small claims and win make sure you start secondary action filings immediately. It will save time when he doesn't pay the small claims judgment.
IF YOU DONT HAVE YOUR ANSWER YET you can email message me through this site my mom went through the same thing and got all her money back and won the case! i can help you if you need it
You can go to small claims court.
Since this was a verbal agreement that you had with your friend, you can show that he paid for those four months and that will convince the judge that it wasn't a gift.If you can get evidence of his paying that would be even better...It's always better in the future to get things in writing.
Take him to court.
You need to go and cancel the phone and let your FRIEND get his own damn phone.With friends like that you don't need any enemy's.
ps;
Small claims court, not worth it??
Yes, take him to small claims court. NEVER get a phone for anyone again.
I see you guys on Judge Alex, Hatchet, Joe Brown, Judy almost everyday.
and my answer is WHY?
if you can't beat them up, don't get them a phone!
Email that guy up there and find out how his mother got all her money back.
Because unless you have it in writing, you're done for. According to all the TV judges
Good Luck my friend.
I did answer a question like this a couple of days ago, this type of arrangement never works out between friends. You took it upon yourself to be a good friend and to be kindhearted and what do you get in return? stuck with bills and a no-good friend, backstabbing and unashamed, let me go ahead and also say unappreciative.This asshole was not a friend in the first place. Right this minute, I also have a so-called friend who's owing me $350.00, I recently had to call her to ask for it which shouldn't be. So you understand how I feel about stuff like this. Take him to see Judge Judy Schneiling.What state do you live in. Good Luck and Good Night.
Get all your documentation together for the last 6 months, then cancel his phone immediately.
Send him a certified letter letting him know you have cancelled the phone and that you expect him to make full payment ASAP and if he doesn't have payment in by (give a date ~ 7 days is good), you will go to Small Claims Court and file charges against him.
Then do it and don't ever get a phone for anyone else, family or friends. People just aren't that honest anymore. Also call the company and try to work out a payment plan if this "friend" doesn't get the payment in. You need to keep your credit cleaned up as soon as you can since he has messed it up for you.
Answers:
first off you were a damn fool
2nd take it to small claims court and bring all your bills
third turn that phone off
4th you need to pay the bill off before it ruins your credit anymore , that happens allot but your reason doesn't hold up and you will get a judgment against you if its not payed
i hope you learned your lesson this time and count it as lucky
dont give people the opportunity to screw you they will every time
Yes, it sounds like small claims court is your only option. Hurry, your credit is being ruined.
You're kinda screwed here. First thing you need to do if you haven't already is cut off the damn phone.
Your best hope is that it turns on his having paid the bill previously. If you go to small claims and win make sure you start secondary action filings immediately. It will save time when he doesn't pay the small claims judgment.
IF YOU DONT HAVE YOUR ANSWER YET you can email message me through this site my mom went through the same thing and got all her money back and won the case! i can help you if you need it
You can go to small claims court.
Since this was a verbal agreement that you had with your friend, you can show that he paid for those four months and that will convince the judge that it wasn't a gift.If you can get evidence of his paying that would be even better...It's always better in the future to get things in writing.
Take him to court.
You need to go and cancel the phone and let your FRIEND get his own damn phone.With friends like that you don't need any enemy's.
ps;
Small claims court, not worth it??
Yes, take him to small claims court. NEVER get a phone for anyone again.
I see you guys on Judge Alex, Hatchet, Joe Brown, Judy almost everyday.
and my answer is WHY?
if you can't beat them up, don't get them a phone!
Email that guy up there and find out how his mother got all her money back.
Because unless you have it in writing, you're done for. According to all the TV judges
Good Luck my friend.
I did answer a question like this a couple of days ago, this type of arrangement never works out between friends. You took it upon yourself to be a good friend and to be kindhearted and what do you get in return? stuck with bills and a no-good friend, backstabbing and unashamed, let me go ahead and also say unappreciative.This asshole was not a friend in the first place. Right this minute, I also have a so-called friend who's owing me $350.00, I recently had to call her to ask for it which shouldn't be. So you understand how I feel about stuff like this. Take him to see Judge Judy Schneiling.What state do you live in. Good Luck and Good Night.
Get all your documentation together for the last 6 months, then cancel his phone immediately.
Send him a certified letter letting him know you have cancelled the phone and that you expect him to make full payment ASAP and if he doesn't have payment in by (give a date ~ 7 days is good), you will go to Small Claims Court and file charges against him.
Then do it and don't ever get a phone for anyone else, family or friends. People just aren't that honest anymore. Also call the company and try to work out a payment plan if this "friend" doesn't get the payment in. You need to keep your credit cleaned up as soon as you can since he has messed it up for you.
I'm a police officer and my partners are out to get me, what should I do?
Some of them are very mean to me because I treat people with dignity and respect. I am a nice cop.
Answers:
There is a difference about treating someone with respect and enabling the criminal, make sure you are not an enabler. If you are a woman, they already have a complex. Ask for a transfer.
you cant make people be nice,but you can make them respect you by talking to your captain.
Either inform your boss, transfer or find a job in your field that doesn't allow discrimination like that. Because that is what it is, discrimination. I know that if you inform your boss, he will just tell your compatriots and you will be reviled even more, so if that doesn't work, start carrying a mini-recorder to record conversations made to you or in front of you, then if worse comes to worst, you can take them to an Internal Affairs to see why they are so prejudiced.
Sounds like you have some issues here.
What did you do to get everyone so upset? Maybe you should leave the force or possibly transfer to another division
I don't think I'd want someone that's wanting "to get me" as you say, watching my back.
Stormy, I thought you were only 14, however... report them, if nothing is done, take it to a higher authority
Answers:
There is a difference about treating someone with respect and enabling the criminal, make sure you are not an enabler. If you are a woman, they already have a complex. Ask for a transfer.
you cant make people be nice,but you can make them respect you by talking to your captain.
Either inform your boss, transfer or find a job in your field that doesn't allow discrimination like that. Because that is what it is, discrimination. I know that if you inform your boss, he will just tell your compatriots and you will be reviled even more, so if that doesn't work, start carrying a mini-recorder to record conversations made to you or in front of you, then if worse comes to worst, you can take them to an Internal Affairs to see why they are so prejudiced.
Sounds like you have some issues here.
What did you do to get everyone so upset? Maybe you should leave the force or possibly transfer to another division
I don't think I'd want someone that's wanting "to get me" as you say, watching my back.
Stormy, I thought you were only 14, however... report them, if nothing is done, take it to a higher authority
I'm a musician- noise pollution law in domestic buildings?
Basically I'm a student and musician. I will be moving into a privately leased flat in a month.
I am in band and so I will need to practice, both at home and at band. I plan simply to practice within my room, during afternoons and at the weekend.
However the block of flats consists of 9 other flats and so noise pollution may be an issue.
What is the current noise pollution law relating to houses and domestic settings?
Answers:
if you get a complaint to the councils environmental health dept they will visit you and ask you to stop or reduce the noise levels as well as informing your landlord who may also do the same,,,if you carry on they will visit again and warn you of legal action may take place if you persist as will the landlord,,a third visit could involve eviction by the landlord and noise monitoring or a noise abatement order,,,further breaches will involve a court appearance,,,
You have to remember that some of your new neighbours may be elderly or on shift work which could involve a violent encounter...the best thing to do is just respect others peace and quiet and find another venue to practise
Your location would be a helpful bit of data.
It's good of you to be considerate, though, in any event.
If you get a complaint from a neighbour, the Environmental Health will deal with it, firstly with a warning then a summons.
I don't know the term "noise polluation" or what it means but I will try and help.
If you make noise which affects the other residents you can be sued for being a "private nuisance". This would be my means, usually, by what is known as an "injunction". It would state that you should not practice your music playing anymore at a particular time etc. Failing to comply can lead to imprisonment or fine.
However, a claimant would have to show that the sound affected them to a reasonable standard. If the sound you made was acceptable to most other people then they would have no claim (and would hardly be likely to take things to court in the first place!)
Hope this helps!
Any music from your house that can be heard in your neighbours house can be considered noise pollution and if your neighbours complain then the local constabulary %26 noise pollution people from your local council can take your music equipment away..so go practice some where else
Not sure but I'm damn glad I am not your next door neighbour . It depends on Db readings. The Police will certainly pay you a visit if your music is deemed too loud
Have a look at your lease, it should have some guidelines about noise, e.g. not after 10pm. I think basic common sense is the best way to go about these things. You don't say what instrument you play, if it's a guitar make sure you play acoustic in the flat, same with keyboard. If you play the drums, you could become very unpopular very quickly!! Is there nowhere else you could practice, e.g. a friend's garage or shed?
Depending on where you live, you may have every right to make as much noise as you want from 9 in the morning until 9 at night (0900-2100 hrs).
Courtesy is the big thing here. Tell your neighbors who you are and of your plans to reherse. Tell them you plan to stop playing at 9 o'clock (or whenever the noise curfew is in your city) and give them a way to contact you if they feel you are being too loud. Do not use amps unless you must and even then turn them to the lowest setting. Use mutes on your horns and pads on the drums. Be polite to your neighbors-if they start complaining to your landlord, you will be evicted before any of them.
In England, a certain amount of 'reasonable' noise is allowed. The maxim is that whetever activities one carries out in ones own home should not 'deprive others of the enjoyment of their own home/property' . This works both ways - if you play music and disturb me, then you are at fault, but if you play music at a reasonable time of day and at a reasonable volume, then a complaint from me would not be entertained, as we are all entitled to make a bit of a din, and I would be depriving you of the enjoyment of your property if I isisted that you lived in monastic silence.
A bit of common sense needs to be applied. If you are an electric guitarist, then playing through a 5 watt practice amplifier would be reasonable. Playing through a stage Carlsboro or Marshall amp in a domestic setting is simply not on.
You will also need to demonstrate consideration for your neighbours. I had a go at my neighbour today because he let his daughter play a Rod Stewart album quite loudly with the windows open. We had to shut our window to keep the noise out. The status quo is silence, or as near to silence as is reasonably possible, so if you intend to breach the status quo, then you should take all attempts to minimise your disturbance - i.e. keep the window closed.
You should visit all your neighbours, explain what you intend to do, pick the best possible time to practice in accordance with their wishes, and get on with it. Remenber, though, this can be dodgy - morning practice is out if a neighbour works nights, afternoon practice is out if a neighbour works early shift ( an afternoons kip is often needed), and evening practice is taboo at all times, as people have young kids who need to sleep, and others are entitled to their dinner and their evening entertainment with minimal disturbance.
Perhaps the best plan is to practice from 5pm until 6pm - night shift workers will be up, early shift workers will have had their afternoon kip and toddlers will not yet be in bed.
Finally, you must realise that you are the odd one out- possibly creating noise that is not appropriate in a domestic setting, so I'd advise you to tread warily.
I am in band and so I will need to practice, both at home and at band. I plan simply to practice within my room, during afternoons and at the weekend.
However the block of flats consists of 9 other flats and so noise pollution may be an issue.
What is the current noise pollution law relating to houses and domestic settings?
Answers:
if you get a complaint to the councils environmental health dept they will visit you and ask you to stop or reduce the noise levels as well as informing your landlord who may also do the same,,,if you carry on they will visit again and warn you of legal action may take place if you persist as will the landlord,,a third visit could involve eviction by the landlord and noise monitoring or a noise abatement order,,,further breaches will involve a court appearance,,,
You have to remember that some of your new neighbours may be elderly or on shift work which could involve a violent encounter...the best thing to do is just respect others peace and quiet and find another venue to practise
Your location would be a helpful bit of data.
It's good of you to be considerate, though, in any event.
If you get a complaint from a neighbour, the Environmental Health will deal with it, firstly with a warning then a summons.
I don't know the term "noise polluation" or what it means but I will try and help.
If you make noise which affects the other residents you can be sued for being a "private nuisance". This would be my means, usually, by what is known as an "injunction". It would state that you should not practice your music playing anymore at a particular time etc. Failing to comply can lead to imprisonment or fine.
However, a claimant would have to show that the sound affected them to a reasonable standard. If the sound you made was acceptable to most other people then they would have no claim (and would hardly be likely to take things to court in the first place!)
Hope this helps!
Any music from your house that can be heard in your neighbours house can be considered noise pollution and if your neighbours complain then the local constabulary %26 noise pollution people from your local council can take your music equipment away..so go practice some where else
Not sure but I'm damn glad I am not your next door neighbour . It depends on Db readings. The Police will certainly pay you a visit if your music is deemed too loud
Have a look at your lease, it should have some guidelines about noise, e.g. not after 10pm. I think basic common sense is the best way to go about these things. You don't say what instrument you play, if it's a guitar make sure you play acoustic in the flat, same with keyboard. If you play the drums, you could become very unpopular very quickly!! Is there nowhere else you could practice, e.g. a friend's garage or shed?
Depending on where you live, you may have every right to make as much noise as you want from 9 in the morning until 9 at night (0900-2100 hrs).
Courtesy is the big thing here. Tell your neighbors who you are and of your plans to reherse. Tell them you plan to stop playing at 9 o'clock (or whenever the noise curfew is in your city) and give them a way to contact you if they feel you are being too loud. Do not use amps unless you must and even then turn them to the lowest setting. Use mutes on your horns and pads on the drums. Be polite to your neighbors-if they start complaining to your landlord, you will be evicted before any of them.
In England, a certain amount of 'reasonable' noise is allowed. The maxim is that whetever activities one carries out in ones own home should not 'deprive others of the enjoyment of their own home/property' . This works both ways - if you play music and disturb me, then you are at fault, but if you play music at a reasonable time of day and at a reasonable volume, then a complaint from me would not be entertained, as we are all entitled to make a bit of a din, and I would be depriving you of the enjoyment of your property if I isisted that you lived in monastic silence.
A bit of common sense needs to be applied. If you are an electric guitarist, then playing through a 5 watt practice amplifier would be reasonable. Playing through a stage Carlsboro or Marshall amp in a domestic setting is simply not on.
You will also need to demonstrate consideration for your neighbours. I had a go at my neighbour today because he let his daughter play a Rod Stewart album quite loudly with the windows open. We had to shut our window to keep the noise out. The status quo is silence, or as near to silence as is reasonably possible, so if you intend to breach the status quo, then you should take all attempts to minimise your disturbance - i.e. keep the window closed.
You should visit all your neighbours, explain what you intend to do, pick the best possible time to practice in accordance with their wishes, and get on with it. Remenber, though, this can be dodgy - morning practice is out if a neighbour works nights, afternoon practice is out if a neighbour works early shift ( an afternoons kip is often needed), and evening practice is taboo at all times, as people have young kids who need to sleep, and others are entitled to their dinner and their evening entertainment with minimal disturbance.
Perhaps the best plan is to practice from 5pm until 6pm - night shift workers will be up, early shift workers will have had their afternoon kip and toddlers will not yet be in bed.
Finally, you must realise that you are the odd one out- possibly creating noise that is not appropriate in a domestic setting, so I'd advise you to tread warily.
Subscribe to:
Posts (Atom)