Real Estate Law
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You are entitled by law to the quiet enjoyment of your rental unit. There are private and public nuisances under the law. As far as repairing damages they must due so during the hours established by your local ordinances. Since this is also private property, your landlord may have their own set of rules with regard to noise.
If the noise is to the level that a reasonable person would be disturbed your landlord either needs to take action or you would be entitled to consider this "constructive eviction"
There should be no need for you to spend money to sleep at hotels. Either the upstairs tenant need to be dealt with or you have an action against the them and the landlord/owner of your unit.
Missoula has an ordinance for Public Nuisances
Your situation would fall under the civil law of a private nuisance. Can you tell me if the HOA governments set out any rules or regulations on noise?
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