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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6907
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I am blind and I rent a condo in Missoula Montana my

Customer Question

I am blind and I rent a condo in Missoula Montana my upstairs neighbors had water damage and they took out all of their flooring and their noise proofing and put in hardwood floors and this was back in May and it's still not fixed they keep saying it'll be done in the fall and it has caused me great stress I have stayed in hotels I cannot do my schoolwork because I can't not listen to my screen reader and listen to the noise upstairs and I often get scared because I think someone's in my apartment when it's just been making noise and I don't think it all they're doing it to be vicious or malicious but they have not taken the steps to mitigate their damages properly and I would like a demand letter written to them and I would like to know how much that might cost me I would also like to send one to the homeowners Association board because I have notified them about 12 different times and nothing absolutely nothing has been done they say subflooring is not in their HO a agreement so there's no law on it and that's not true I believe that local city or federal law then it takes effect and I filed a complaint with the Missoula Housing building code people
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 10 months ago.

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

Chapter 8.32


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?

Expert:  Attyadvisor replied 10 months ago.

I am sorry I have not received a response from you and I would like to assist you.

Please let me know if my answer was not helpful to you so I can opt out or request a refund for you. Thank you.

Expert:  Attyadvisor replied 10 months ago.

Please ignore the additional request.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter it would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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