My question involves landlord-tenant law in the State of: Texas
Here's the story. It is long. I am desperate for how guidance with how to proceed. I am a disabled single mother of one autistic adult child and and 11 year old. I am disabled with a brain tumor of the 8th cranial nerve. I am SSD (single sided deaf) on the left and have hyperacousis on the right. Hyperacousis a debilitating hearing disorder characterized by an increased sensitivity to certain frequencies and volume ranges of sound (a collapsed tolerance to usual environmental sound). A person with severe hyperacusis has difficulty tolerating everyday sounds, some of which may seem unpleasantly or painfully loud to that person but not to others. Hyperacusis is often coincident with tinnitus. Due to my hyperacousis, I also suffer with severe anxiety and panic attacks. This is triggered by noise and hearing more than one sound at a time and in turn causes confusion, dizziness, and anxiety, panic attacks. I also suffer from severe debilitating spinal stenosis. I can not walk very long and I am not supposed use stairs. My daughter is autistic and she has the same sound sensitivity due to being autistic. She also suffers with severe anxiety and panic attacks.
We moved into a brand new apartment complex on December 20, 2017 on the ground floor. It is government subsidized. When we moved in, we informed the management of our health conditions. On January 31, 2018, a family moved in above us. This family has a young child. Since the day of move in, the child has been constantly running back and forth, pushing furniture, dragging furniture, knocking things down, etc. I spoke to management. When speaking with management, they asked if I had talked to my neighbors. I said no. They said it would be a good idea if I spoke with them first. I really don't like approaching people I don't know about something like this. I could not take it anymore, so I went upstairs and even brought some clothes to offer that was going to be donated to see if they could use them. I was very polite and told them of our health conditions. I explained that I cannot take the noise and that I am very stressed. My daughter has had several meltdowns from the noise. The lady was very nice and told me that if there is any noise bothering us to let her know. The noise stopped right after I went up and that night was ok. It started again in the morning. This continued for another few weeks. I decided I would let them know for the second time how this is bothering me. So I kindly let them know again. It stopped and restarted again. I let a few weeks pass again. Still no change. I was trying to relax one day and could not. I went upstairs for the third time to ask them to please stop. These people have a blatant disregard for us below. It is complete disrespect. I've been up there to speak with them three times. I have spine issues and I cannot keep walking up and down stairs. My daughter got very upset and she banged on the ceiling. I told the management this and they were like well if it works....good. I have decided that I will try one last thing. I will write a nice letter explaining how and why the noise affects us and to please cease with the noise. I will also mention that this will be my last communication. I have informed them kindly about this and they continue to disregard us. I have a friend in real estate that I told her about this. She said that I have a right to ask for another apartment. I would like this, however feel we should not have to move. My 11 year old son does not want to to report them. He is afraid for his safety. My son should not have to feel like this. This is absolutely crazy to live like this. I have decided to write to someone here as well as call the Tenant's Council Monday morning. We do not know how to deal with this. We are afraid of retaliation. It has been tormenting us for too long.
Please advise.
Sincere thanks :)
Here's the story. It is long. I am desperate for how guidance with how to proceed. I am a disabled single mother of one autistic adult child and and 11 year old. I am disabled with a brain tumor of the 8th cranial nerve. I am SSD (single sided deaf) on the left and have hyperacousis on the right. Hyperacousis a debilitating hearing disorder characterized by an increased sensitivity to certain frequencies and volume ranges of sound (a collapsed tolerance to usual environmental sound). A person with severe hyperacusis has difficulty tolerating everyday sounds, some of which may seem unpleasantly or painfully loud to that person but not to others. Hyperacusis is often coincident with tinnitus. Due to my hyperacousis, I also suffer with severe anxiety and panic attacks. This is triggered by noise and hearing more than one sound at a time and in turn causes confusion, dizziness, and anxiety, panic attacks. I also suffer from severe debilitating spinal stenosis. I can not walk very long and I am not supposed use stairs. My daughter is autistic and she has the same sound sensitivity due to being autistic. She also suffers with severe anxiety and panic attacks.
We moved into a brand new apartment complex on December 20, 2017 on the ground floor. It is government subsidized. When we moved in, we informed the management of our health conditions. On January 31, 2018, a family moved in above us. This family has a young child. Since the day of move in, the child has been constantly running back and forth, pushing furniture, dragging furniture, knocking things down, etc. I spoke to management. When speaking with management, they asked if I had talked to my neighbors. I said no. They said it would be a good idea if I spoke with them first. I really don't like approaching people I don't know about something like this. I could not take it anymore, so I went upstairs and even brought some clothes to offer that was going to be donated to see if they could use them. I was very polite and told them of our health conditions. I explained that I cannot take the noise and that I am very stressed. My daughter has had several meltdowns from the noise. The lady was very nice and told me that if there is any noise bothering us to let her know. The noise stopped right after I went up and that night was ok. It started again in the morning. This continued for another few weeks. I decided I would let them know for the second time how this is bothering me. So I kindly let them know again. It stopped and restarted again. I let a few weeks pass again. Still no change. I was trying to relax one day and could not. I went upstairs for the third time to ask them to please stop. These people have a blatant disregard for us below. It is complete disrespect. I've been up there to speak with them three times. I have spine issues and I cannot keep walking up and down stairs. My daughter got very upset and she banged on the ceiling. I told the management this and they were like well if it works....good. I have decided that I will try one last thing. I will write a nice letter explaining how and why the noise affects us and to please cease with the noise. I will also mention that this will be my last communication. I have informed them kindly about this and they continue to disregard us. I have a friend in real estate that I told her about this. She said that I have a right to ask for another apartment. I would like this, however feel we should not have to move. My 11 year old son does not want to to report them. He is afraid for his safety. My son should not have to feel like this. This is absolutely crazy to live like this. I have decided to write to someone here as well as call the Tenant's Council Monday morning. We do not know how to deal with this. We are afraid of retaliation. It has been tormenting us for too long.
Please advise.
Sincere thanks :)
Disabilities and Accommodation: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up
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