Condo - kids making noise -bothers my tenants - need input

rebel

Active member
hello, we have a condo unit, on first floor rented out to tenants. it's been about a month they moved in. they flagged that the kids above them ( 2nd floor owners with twins two girls 3 years old) are running and making noise at 6 AM when they wake up..
as per tenants version this seems to be recurring every day and it wakes them up. she works at hospital doing long shifts, sometimes evening and night and she wants to sleep in late. the current tenant couple doesn't have kids, age around 35y/o.
previous tenants never flagged this as an issue ( but also they have a one year old daughter so maybe it didn't bother them.

what has been done so far:
our tenants went to see the neighbors upstairs to explain the situation about 2 weeks ago
no improvement
they flagged to us, i spoke with condo administration which sent them an official letter of complaint reminding the condo rules ( states no running) and the DB level as per city regulations.
2 days later our tenants went to speak with the owner upstairs again. situation got worse and is now tensed between them as owners (2nd floor) told them pretty much to fuck off as there's nothing they can do. they have 2 young kids. they're doing their best to contain the situation.
tenants complained to us again
we met with condo administration and 2nd floor condo owners last Thursday to have a chat. the 2nd floor owners are aware of the situation but they re-assure us that they try their best to contain the noise and stop/limit the running and ship them to daycare at 7:30 AM during the week.

what do you guys recommend as next steps? i don't think the situation will improve.

other info:
code civil article 976 stipulates: 976. Les voisins doivent accepter les inconvénients normaux du voisinage qui n'excèdent pas les limites de la tolérance qu'ils se doivent, suivant la nature ou la situation de leurs fonds, ou suivant les usages locaux.
i went to see the cops just as FYI: they told me they don't really intervene when kids are involved as it's "normal" noise
i went to see the city: theere's nothign to re-enforce quiteness in a condo
condo association rules stipulaes not to make noise to bother your neighbours at any hours and no running in the condo, but again these are 3 years kids.
Regie du logement? i don't think they will get invovled
previous tenants never complained

What to do to fix this?
 
Situation sucks but doesn't seem like abuse to me. It's kids, and i'm actually surprised at the "no running" rule.

If you want 100% peace and quiet, buy a house or a condo with better construction materials (I used to live in a wood-construction condo..... never, ever, again).
 
In before you get sued for loss of peace and enjoyment or they ask for a reduction in rent.

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Situation sucks but doesn't seem like abuse to me. It's kids, and i'm actually surprised at the "no running" rule.

If you want 100% peace and quiet, buy a house or a condo with better construction materials (I used to live in a wood-construction condo..... never, ever, again).

Ça t'excitait d'entendre tes voisins fourrer?
 
Situation sucks but doesn't seem like abuse to me. It's kids, and i'm actually surprised at the "no running" rule.

If you want 100% peace and quiet, buy a house or a condo with better construction materials (I used to live in a wood-construction condo..... never, ever, again).
My sister is having major issues with her neighbor. All detached homes in Vaudreuil. Neighbours play music loud enough that the houses vibrate. They also have pool parties at 9pm... I heard it myself yesterday it's like a heavy-metal concert is going on. Public security showed up and had to jump the fence to talk to them as the music was so loud. Pounding on the door couldn't be heard. They got a warning, turn it down for a week and now it's at rock concert level again.

Cops? Call public security... Public security has to call the cops to escalate. I suggested scorched earth policy. Be loud when they're sleeping/ hung over

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Thanks for the inputs keep them coming. From what i read online in most cases that go all the way to court the plaintiff lose as kids will be kids and it seems noise from kids is normal.
We have two young kids as well but we live in a house. But i inow that sometimes they run and make noise but it doesn’t bother anyone.
The earplug solution came to mind but i know it will piss off the tenants. But it can be a solution.
Yes the no running rule has been added a few years ago before be bought the condo. This was my argument with the condo administration, but for now they re not willing to move and give a fine for example to the owners of second floor for non respect of this rule. Not sure how this applies when you have kids. And whi can actually enforce it
 
Just remember to document everything. Contact, letters , follow up etc. Its critical.

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In before you get sued for loss of peace and enjoyment or they ask for a reduction in rent.

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Yes it s possible if they go to Regie, but they need to prove it s not reasonable noise which you need to accept in community article 976
 
Oui mais la musique excessive et des enfants qui jouent/se déplacent à 6am (heure normale) c'est pas du bruit excessif. C'est le problème du plaintif qui a un horaire atypique. C'est à elle de déménager.
 
les enfants etaient la avant elle. sta elle de sinformer des voisins et si sten beton armé

Bon point. Non le condo est en bois, béton seulement dans le mur parfeu entre les différentes entrées.
Les voisins d’avant ne se sont pas plaints de rien. Les enfants ont 3 ans don étaient la avant eux et avant les anciens locataires aussi qui sont restés un an car ils ont bati leur maison en attendant
 
Yes it s possible if they go to Regie, but they need to prove it s not reasonable noise which you need to accept in community article 976
People are strange. It could just be a tactic to lower rent, move out earlier or pay them to move out early. All sorts of scams from people. Not saying they are doing this but don't count it out.

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People are strange. It could just be a tactic to lower rent, move out earlier or pay them to move out early. All sorts of scams from people. Not saying they are doing this but don't count it out.

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I agree but they just moved in, a month ago. They love the condo. We painted for them, cleaned the blinds, it s impeccable corner unit with terrace in the back. I dunno... if they want to move out already it would be pretty stupid imo...
 
That must be a wood construction?

I have concrete floors and barely hear the upstairs unless they drop something. We have 3 kids with normal noise for kids and our neighbors downstairs told us they barely hear anything.

Honestly just offer ear plugs to the tenants, they seems to be really picky and they should go live in a retirement home or a house in the suburbs...

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