Kesha Monk 1300 Tribute Center Drive Apartment 466 Raleigh, NC , 27612 Phone: 919 803 3866 E-Mail: anicevoice@aol.com
Date: July 15, 2014 Barb O’Steen Senior Director CC:
Elizabeth Alley – David Cicero -
Regional Property Manager Regional Property Manager
Dear Ms O’Steen: I am a four (4) year resident of The Tribute Apartments and I renewed my lease in February, 2014. Someone moved into the apartment above me (566) a few months ago and the noise is unbearable. The annoyance is deliberate and is making my experience as a tenant miserable. I’ve made several complaints to management in which I’ve been told to “record the noise and call the police”. It should be noted that I called the police at 4:30 this morning (Jul 15) as several things were being dropped on the ceiling in my bedroom area. Having to record this noise has become a tedious nuisance, especially when I’m simply attempting to sleep or work. As of late, I have been dealing with a myriad of issues including tenants who choose to ignore the non- smoking rule. I’ve recently had to keep my window closed because tenants smoke on their balcony and the smoke travel into my window. I complained about the smoke and was asked for “video or pictures”. Last week I experienced a horrible, verbal altercation with the tenants in 566 and I’ve heard nothing from management regarding a remedy to this noise situation. The tenants above me are noisy at 3:30, 4:30 and 5:30 in the morning in addition to being up late at night. What they do upstairs should not dictate what time I have to wake up or when I can sleep. Furthermore, these people are now affecting my livelihood. I am a voiceover artist and I was attempting to record a commercial for my agency on 7/8/14 when the noise coming from Apartment 566 literally prevented me from being able to complete my session. After an altercation last week, I immediately went downstairs to speak with office manager Michelle. After several knocks on management door I took a seat in the hallway. Another tenant came and banged on the office door and the window. Eventually, Michelle stuck her head out the door. I asked if I could speak with her regarding the verbal confrontation with the neighbors and Michelle responded, “The office is closed”. I said, “I only need five minutes to talk to you” to which Michelle, responded, “It’s going to take longer than five minutes because I already have an email from your neighbors”. I stated that this situation is becoming dangerous and that the tenants in 566 were name-calling, race baiting and attempting to provoke a conflict to which Michelle responded. “If you feel threatened call the cops”. I walked away.
The tenants in 566 have stomped across the floor so much that it now squeaks horribly and pops loudly. This past Saturday, they came in after 11:30 PM and stomped across the floor all night. There is absolutely no way I can or will remain in this apartment and tolerate the constant stomping and antagonist noise coming from upstairs. I need to know immediately what if anything The Tribute plan to do about this situation? Prior to this unbearable noise issue, I’ve tolerated having to step over dog feces in the hallway, walk around urine near the elevator, someone stealing my Christmas wreath off my door, someone stealing my welcome mat and my colon cancer magnet being stolen off the back of my car. After being gone for two weeks, I pulled in the garage and sat behind a car that wouldn’t move until his friend finished urinating in the corner. I’m sure the corner near the lower Level 4 sign still reeks of urine. Because of management’s unwillingness to get involved, I attempted to go upstairs and speak with the tenant regarding the noise and no one came to the door. On July 8, 2014 I attempted to talk with the tenant again. A belligerent individual snatched the door open and yelled, “QUIT BANGING ON THE CEILING, THIS AINT THE GHETTO!!!” and slammed the door. A second individual immediately snatched the door open and stood their while the initial individual screamed childish, racist and classist comments such as, “You need to go back to the ghetto”, “It’s not my fault you can’t afford to live on the top floor”, You’re fat ass probably can’t live on the top floor because you’ll fall through”. At one point he yelled, “I’m not going to tip toe on the floor for you” and proceeded to stomp on the floor like a 5year-old having a temper tantrum. In between name-calling and taunts he stated, “I already emailed management and I’m calling the police”. I am no longer interested in the back and forth and clearly, there is an irrational person living above me. As a four year resident, I pay my rent on time and I’ve seen tenants come and go. There has been a dozen leasing agents and at least four different managers. I realize The Tribute is a temporary stop for some in leasing and management but that shouldn’t mean valid concerns and volatile situations should go ignored. I have provided management with proof that my complaints are merited. Although the behavior of the tenants in 566 is clearly considered “PROHIBITED CONDUCT” in paragraph 19 in the lease (IE: “occupants may not engage in behaving in a loud or obnoxious manner”) It is my legal right to have reasonable enjoyment of my unit during the duration of my lease.
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EDITED TO ADD: After FOUR years of living at The Tribute Apartments, I am deeply disturbed that I’ve been complaining about the noise coming from upstairs since May and nothing was done about it. But apparently, after I made the conscious decision to attempt to remedy the situation myself by talking to them, I receive a lengthy email (today) from Michelle, attempting to define what “noise” and “urban” living is. The tone of the letter was rather condescending – as I have never made a frivolous complaint about “water running” or “loud conversation”. This is by far the noisiest apartment I have ever lived in. I need a solution. So once again, I need to know, what if anything The Tribute intend to do about this noise?
1) Will I be given the option to move to another unit on the top floor without penalty>? (transfer fee, extending the lease, etc.)
2) Will I be given the option to break my lease under the grounds of constructive eviction without penalty AND receiving my deposit back in full? Sincerely,
Kesha Monk
Place mouse on PLAY BUTTON, then click the link icon to hear disturbance from May 28, 2014 @ 6:50AM Place mouse on PLAY BUTTON, then click the link icon to hear to
hear disturbance from July 13, 2014 @ 9:03 PM 3