Complaint Review: KMG Prestige - Mt Pleasant MI

 Thank you, I am very familiar with obtaining police records but I’m sure the link will help others. I’ve run into other people in the complex who have also complained about the noise and the condition of the premises. Guess they’ll have to report it to the managers.

I am not going to get into a law debate here. But I am going to just point out that while technically Police Reports are considered "Public" Record, that does not mean that the PUBLIC can always get full access to them.

You generally can not just go down and access records that you were not a party too. You MAY be able to request records, but that is generally in the forms of a written request and the information you receive may or may not be a redacted versions or only contain summary(non-specific) information. Such as they may provide reports that they responded to 10 noise complaints to your apartment building, but they won't tell you who was the complainer or who was the person making the noise if they found out who.

Do notice that I am using very general terms here because the specific guidelines and laws regardling this will vary from State to State.

https://thelawdictionary.org/article/how-to-obtain-police-reports/

Anyways...Good Luck and hope you are able to find a better place.

Actually police reports are public record and anyone can obtain them. The trash bags were piled up in front of his front door as to block access so I would need to move them in order to be seen. I did state that I moved in 2 1/2 yrs before him. I've already given my 60 days notice- it would just be nice to be able to sleep in peace and quiet.

The way the apartments are situated is that his is separated by a fire door from the others in his building but his window faces my single pane bedroom window which is the issue. I think the fire door in his building insulates the noise from his neighbors or they just don’t complain/care. I’m just upset that the property manager told me she was dealing with it when she wasn’t. But now I’m moving on :)

Sad, since I’m just expecting a business to fulfill their obligations.

Again I do feel for you, but you are not the only one they are "obligated" to. If apartment complexes evicted people just based on one or even two complaining what would keep a tenant who dislikes another tenant from starting to make up stories to have them evicted?

It doesn't seem that this person is causing a disturbance to all but perhaps 1 or 2 tenants, and neither of you seem to be the closest neighbors to this other tenant. If you want to get this person out, then you need to get the other tenant(s) who find this disturbing to take the initiative to complain. It can't just be you doing this and expect them to take action.

Look at this from your perspective, what if one tenant said they heard a dog barking from your apartment and your complex doesn't allow dogs. What if based on that one person's claim, even though they couldn't verify the apartment sent you a 30-Day eviction notice? Would you be here stating that they are fulfilling the obligation to the other tenant who is accusing you?

I suppose I could go to the station myself and see if there are actual reports that state something different.

- It is very unlikely that the police would provide you any such records due to privacy concerns. However, you could ask for the reports of YOUR call. But if as you say they said they couldn't locate the source I would have to say again that why didn't you specify the source apartment? Or if you did perhaps you are actually mistaken with the apartment and that is another issue.

I also walked outside late at night to knock on the man’s door to tell him to quiet down but after seeing his door (which was half peeling off paint and had trash bags piled up in front of it) I thought maybe that wasn’t the smartest thing to do at 2am

- The pealing paint should not indicate anything about the tenant.  Unless you are accusing them of intentionally damaging the door , that seems to be a maintenance issue.  As for the trash bags, are these bags there all the time? Or like other tenants they don't want to walk to the trash bin at night and just put them outside their door until morning?

Again if he has neighbors closer to him...why aren't they complaining?  

 In reference to your questions, the property manager/district manager did state that the man in the apartment below me DID hear the same loud sounds I was hearing, but because he obviously was not taking the initiative to find out where they were coming from, the office was not going to do anything about it. I did call the police on several occasions but the office stated that they could not locate the source if the noise. I suppose I could go to the station myself and see if there are actual reports that state something different. I also walked outside late at night to knock on the man’s door to tell him to quiet down but after seeing his door (which was half peeling off paint and had trash bags piled up in front of it) I thought maybe that wasn’t the smartest thing to do at 2am. I have lived here two and a half years before this tenant moved in but I’m now going month to month until I can either find a condo to purchase or another apt in a different area. Sad, since I’m just expecting a business to fulfill their obligations.

While I am sorry for your situation, the process of evictions for things other than non-payment is not an easy one, and even sometimes with non-payment issues it can be a huge process. Regardless of how you feel, it is not usually possible to kick someone out just because of a single neighbor complaint. As that could open up the landlord to several other legal issues.

Is your neighboor actually violating any actual noise ordinances? Geneally if sound is at a certain level at a certain distance they could be found in violation. My guess would be if you called the police and they came out, if they did nothing he is probably not exceeding it and his playing would not be considered in violation. The fact that it seems as if you could go to another location in your unit seems to also lean towards the decibel level not being excessive. Did the police at least talk to him explaining that the noise is bothersome to you? Did they provide you with any sort of "report" stating the noise level?

Next the narrative you provided seems to indicate that their may be units closer to this other tenant. If that is the case, if you are the only one who has actually complained to the office that is another thing that doesn't work in your favor. As logically the most affected people would be the people closest to the noise. Have you talked to the other tenants to have them actually identify the unit in question?  As the more that complain the more chances their are for eviction.

One factor you didn't mention is who was there first?  If he was already a tenant and you moved in, if they had no complaints until you moved in again that doesn't put your case on too high of a ground.  

While I am sure you will reject this outright. But have you tried to talk to the other tenant and explain the issue you are having. If it is truly just a case of being in different rooms, he may decide to move the drums to another location in his unit.

Finally, as a last resort you could try to look and see if this noise is grounds for you to break your lease?  If so you may be able to move without having to pay any sort of penalty.  Perhaps they may even be able to find you another unit in the complex?

Good Luck