lelisblanc t1_jcfh4y7 wrote
Hi! So we dealt with this exact situation (but in Rockville) where the trash compactor was right above our apartment and obviously something we did not know when we toured.
Here is what we did: Look up quiet hour laws in your location, say that that you cannot sleep or it keeps waking you up, and it is ultimately affecting your sleep and health. Better if you can record the sound (like in a voice notes)/ note how often it goes off/ or best have management stand in your building to hear the noise.
Email management regarding that. They will probably ignore you so you start emailing EVERYONE you possibly could. See if you can find corporate numbers or whoever owns the apartment and cite that law and the above about your sleep and health. Better yet if you can call them. I cannot recall now if we reached someone by phone or email - but I think we annoyed someone (I don't think they liked our 1am voicemails) enough that they made the building management do something.
The best we could compromise with the apartment was that they would put it on a timer so that it did not run between the quiet hours (for us it was 11-7am). And then also get a number or POC you can call when it gets stuck or the timing gets off.
toasttti t1_jcfmyna wrote
OP can also see about requesting a rent abatement from the rental company if the noise is occurring outside of normal quiet hours. I've been successful in requesting an abatement before over them violating quiet hours however it was in another state.
LeoMarius t1_jcfl2y0 wrote
This is the most reasonable solution. Asking them to turn off or move the trash compactor is unreasonable, as it would impact the entire building.
BigMoose9000 t1_jcftbhg wrote
No way, renting an apartment where this will wake you up is pretty fucking unreasonable on their part. Never being able to sleep past 7 am? Who would accept that??
Most people wouldn't live there for free.
CCIRMAJOR26 OP t1_jcfuuie wrote
Thank you big moose. People calling me entitled on this post, like I think most people are entitled to sleep lol, especially paying a shit ton of money for rent.
Zwicker101 t1_jcfv8dw wrote
Genuine question: Did you tour the apartment before moving in?
CCIRMAJOR26 OP t1_jcfvz9u wrote
We had to tour a model unit on the top floor because there was a tenant in our unit at the time. It’s a nice apartment outside the noise, so maybe that should have been a red flag
Zwicker101 t1_jcfw9ri wrote
Ok so you didn't go in completely blind but they did pull something fast on you. I agree it sucks and that you should have asked about location of these items (obviously hindsight 2020).
I would suggest using DC's noise laws to counter it.
CCIRMAJOR26 OP t1_jcfwty5 wrote
Yeah there’s something called the covenant of quiet enjoyment that the building is certainly violating
Zwicker101 t1_jcfwws8 wrote
Absolutely.
Frndlylndlrd t1_jcg1bwc wrote
Maybe, but the quiet part in that doctrine doesn’t refer to noise specifically, if I recall correctly.
Can you ask to transfer apartments?
drunktaylorswift t1_jcg7jkk wrote
> the quiet part in that doctrine doesn’t refer to noise
wut?
fvb955cd t1_jcgcchc wrote
It is a legal term with a scope that varies by Jurisdiction and type of agreement. For rentals, another way to say it is an implied warranty of habitability. Reasonable surrounding volume is a part of it, but its a very Jurisdiction and fact specific matter, and also covers things like working plumbing and electricity, the right to exclude others from your rented space, that no one else is also renting and using that space, and basic cleanliness of space controlled by the landlord.
Where it has absolutely nothing to do with volume or noise is in real property purchases. Real property comes with a covenant of quiet enjoyment if the seller is promising that there aren't any claims against the property, no disputed ownership of it, no liens, etc. You could sell a house stuck between a rooster farm and an open air flashbang grenade testing facility and have it still meet the requirements for a covenant of quiet enjoyment
Frndlylndlrd t1_jcgaizz wrote
It can include quiet in the literal sense, but it includes many different things relating to calm/peace rather than to noise. And exactly how much literal quiet it means is not black and white.
DiceGames t1_jcfxbqa wrote
Leasing an apt sight unseen is always a red flag for me. Usually the current tenant can consent to a tour. If not, I either need to see it they day after they move out or find another apartment. Too many risky variables like noise, views, light, etc.
[deleted] t1_jcgwt7k wrote
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Professional-Can1385 t1_jchth5x wrote
That's how it worked with my last move. It was during the pandemic, so no one involved wanted me touring a stranger's apartment. I knew the layout (I already lived in the building) and was going to move in tour or not. But the apartment manager gave me the keys when the apartment was ready so I could tour it on my own. He gave me the lease to sign after I saw it.
DiceGames t1_jciup3b wrote
I just don’t consider those apartments. Most allow for viewings in my experience. It’s unreasonable to expect me to live somewhere for a year without seeing it.
lelisblanc t1_jcg03ml wrote
This seems obvious now to people accustom to these bigger apartment buildings, but we'd just moved from ATL where gated apartments were much more common and the trash compactor was by the exit of the community so it never crossed our minds!
Zwicker101 t1_jcg09zd wrote
Very much so! I personally think it's something that you say, "Hey. We should have done our research more but let's see what we can do to resolve this."
lelisblanc t1_jcg120z wrote
I agree, we took it as a lesson going forward. Especially since as management in these areas seem to have high turn overs and care much less than our primary apartment management in ATL (who worked there for like 9 years, crazy!) .
OP can obviously do more and probably argue for other hours. I'm just trying to provide them a reasonable way forward. We just picked and chose our battles cause we were going to move apartments anyways.
borg359 t1_jcg10qi wrote
Those are the usual assholes on this sub that make the same entitled remarks for literally anything that gets posted.
LeoMarius t1_jch01ug wrote
How is the building supposed to take care of its trash?
Your only real option here is to move. I know, I've had similar situations.
GloomyPapaya t1_jchfps9 wrote
I don’t think it’s that cut and dry. My apartment building in DC didn’t run the trash compactor at night. They kept the chutes open and never seemed to have an issue taking care of it. It’s worth pursuing that compromise as the OC of this thread suggested.
coldbrewcoffee22 t1_jcga5s3 wrote
> Never being able to sleep past 7 am? Who would accept that??
Parents of toddlers everywhere weep 😭
Lol in all seriousness though, I agree this is ridiculous. There is expectation of quiet until like 9am. I flip out when there’s temporary construction noise nearby, I can’t imagine being woken up like this constantly with no end in sight.
lelisblanc t1_jcfztk8 wrote
Well, our apartment was also street level so the sound of cars and such driving by in the morning could have woken us up just as much as this. Plus, I'm a heavy sleeper so I slept through it, but not my fiancée, but we also got up for work around then anyways it didn't bother me. Plus weekend quiet hours were later.
It runs when it's full, so for a large amount of time we were at the apartment (like 6 -8 months in since it was peak pandemic) , it was only running at night sporadically, so much less noticeable, and by the end when it did start to be more noticeable, we just picked our battles since we intended to move apartment anyways (was just waiting for the one we wanted to open up).
drewskimoon t1_jcfvugs wrote
I’m all about OP getting their quite hours, but the “never being able to sleep past 7 am” is pretty rich. Apartments also have families with kids who wake up before 7:00 everyday crying. Loud construction can start in DC at 7:00 without any additional permits. 7:00 is the pretty standard end of quite hours. Now, the apartment management needs to play by the same general rule of any neighbor and just try not to be a dick just when quite hours have stopped at 7:00.
BigMoose9000 t1_jcg5tlh wrote
It's one thing that noise is permitted after 7, it's another that it's constant immediately at 7 (which would be the case if the compactor has been filling up all night unable to run).
BPCGuy1845 t1_jcflg9y wrote
I would just ask them to transfer your lease to another unit. Perhaps they will chip in for movers.
lelisblanc t1_jcfm4dd wrote
Oh we don't live there now. This was like 2 years ago, but I thought the situation applied and it was a similar tactic we took when people started dropping weights at the gym above our apartment.
That's also assuming they're sympathetic enough to do so or that there's a similar apartment in your price range available. They did not give a fuck though (lol) and it was during height of the pandemic.
Optimal-Nose1092 t1_jcfudvu wrote
This is the correct answer. That takes care of the problem once and for all.
Southern-Caregiver-5 t1_jcgp720 wrote
Wow thanks for this advice! I’m going through the same thing except it’s a duct and the noise would come and go randomly. Definitely happens during quiet hours too. The maintenance have looked at it but no solution thus far. I’m going to do exactly what you did.
WaterBubbly t1_jcg4umz wrote
Also get your ANC involved.
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