

Anne Peterson: Late-night antics disturbing

6:43 PM, Nov. 14, 2012  |  Comments

Dear Anne: I don't know if you can help me with this problem, but I would appreciate your advice. My family and I live in a single-family home in the city. The house next door is rental property, a double with two tenants. Over the years this house has seen a string of tenants move in and out, mostly DSS and Section 8. The landlord is not on-site.

The current upstairs tenants are the worst yet. They blast music out of their window at all hours and have incredibly loud parties, such as the one last night at 2:30 a.m. that went on for an hour. People talking, or should I say shouting, laughing, cursing at the top of their lungs, then a car pulling out of the driveway honking the horn at 3:30 in the morning. Oftentimes the tenants also fight quite loudly, again swearing excessively so that in our home we can here every word. There have also been occurrences of fighting that spill outside into our shared driveway and yard. We have called the police more than once, but typically by the time they arrive the excitement is over, or the tenants refuse to answer their door. What is our recourse here? When they get crazy at 2:30 in the morning is there anything we can or should do short of knocking on the door in our pajamas? Also, if it makes any difference, there are small children in the home as well. Thank you for any advice that you can give.

- P.M.

Answer: It's concerning that the police don't pursue this situation, even if the event seems to be over by the time they arrive. I must say I've never heard of police being content to leave when the alleged offenders simply don't answer the door. I'm wondering if you're filing a formal police report each time something like this occurs. The police response you describe is made more perplexing by the fact that the mayor has spoken more than once about Rochester's recognition that these quality of life issues weigh as heavily as more serious crimes in people's decision to move out of city neighborhoods.

I would caution you not to call on your neighbors personally when these incidents occur. Direct confrontations in situations like this can go downhill fairly rapidly. Instead, I think I would write a letter either to the police chief or the mayor, with a copy to the other. I wouldn't make the complaint by phone because you want to create a record of your experience as a city resident. Describe your ongoing problems and what appears to be a less than adequate response by police, including the dates these incidents occurred. You should cite the city's stated commitment to maintaining and improving the quality of life in city neighborhoods for both tenants and homeowners. It is certainly true that situations like yours make it all the more difficult to sustain the city's shrinking middle class. Meanwhile, regardless of the response you receive, you should continue to report these incidents as they occur. I hope you'll let me know how your situation is handled and whether it is satisfactorily resolved.

Dear Anne: My girlfriend and I came to Rochester as students at the university. We've lived together since our junior year, and we have a lease that expires in June 2013. We want to buy a house together before we're married this coming spring. My dad says we can break a lease to buy a house; my girlfriend's dad says we can't. We want to know who's right on this because the deposit is over $1,000 - we could really use that money with all the expenses coming up. Our landlord is very nice, and we've taken really good care of our apartment. Thank you very much.

- C.A.

Answer: Your girlfriend's dad is right. There is no law allowing you to break your lease in the event you purchase a home. You probably have enough time to plan the purchase of your new home to coincide with your wedding plans and lease end date, though. You might discuss your plans with your landlord. Spring is an ideal time to rent an apartment, so your landlord might let you out of your lease a bit early if he has secured another tenant. Be sure to offer to keep your apartment in "showing ready" condition and to make it as convenient as is reasonable for him to show it to potential tenants.

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