How AI Legalese Decoder Can Assist in Resolving Noise Complaint Breach from OC Even When Your Dispute Goes Unanswered
- May 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Dealing with a Breach Notice for Noise in My Rental Apartment
I have recently received a breach notice for noise in my rental apartment, but I am confident that I am not the one responsible for the issue. The complaints raised do not align with my usual sleeping patterns and behaviors. Fortunately, I have evidence of my sleep patterns during the alleged breach dates thanks to my smartwatch.
I had previously responded to two warnings, spaced out over several months, reiterating that the noise was not coming from me. However, I did not receive any further communication or resolution to the issue. It seems like the building manager is either careless in issuing breaches or is deliberately targeting me.
The breach notice gives me 28 days to rectify a problem that I did not cause. I even spoke directly to the building manager during the second warning, and he expressed doubts that I was responsible for the noise. The notice advises me to dispute the claim internally, which I have done by requesting this explicitly two days ago. However, I have yet to receive a response.
Eight days ago, I refuted the complaints but failed to explicitly request to follow the dispute process, which may have been a mistake. Regardless, I now have around 20 days to follow up on the issue.
Given my clean rental history of over 15 years and my efforts to cooperate with the Owners Corporation in finding the source of the noise, I am frustrated by the lack of communication and resolution.
I am eager to move into my own place soon and avoid entering into a new rental contract or completing my current lease. However, this process may take some time, making finding a temporary solution more complicated.
### How AI Legalese Decoder Can Help:
AI Legalese Decoder can assist you in understanding the legal language in your breach notice and how to effectively dispute the claim. It can analyze your situation, provide you with potential courses of action, and help you prepare a strong defense based on evidence such as your smartwatch data. Additionally, it can suggest the appropriate steps to take before considering escalating the issue to a higher authority like VCAT. With AI Legalese Decoder, you can navigate this challenging situation with confidence and protect your rental record.
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****** just grabbed a
If you’ve made a reasonable effort already (and it sounds like you have), just ignore any additional breach notices.
Wait until they attempt something that’s actually detrimental to you like a fine or kicking you out, and then say (in short), “I’ve already attempted to address this with you, and you ignored me.. so I’m not going to comply with this demand (for money or moving out), and if you want to pursue this further, do so via VCAT.”
Alternatively, lodge your own dispute with VCAT to have either the breach notice or whatever penalty they try to levy overturned.
Call and ask to speak to them. Tell them you were asleep at the time of the breaches. Offer to send your smart watch data to them.
It is actually really hard to tell where noise is coming from in apartments. Ask for the breach to be withdrawn.
So we changed body corporate managers after many issues. One of the things we learnt was that any time a complaint or breach was made the body corporate would bill the owners corporation for the time spent making the beach notice/dealing with complaints.
We had one owner who loved getting breach notices made up for nothing and found that she was involved in the company and there was a conflict of interest.
Basically we were charged thousands of dollars in stupid breach notices just so they could make money.
If you own your property you are a member of the owners corporation and can request the expense ledgers or the agreement. Also request dispute resolution session with the person making the complaint to really get the message across that you are taking it more seriously then they are.
Do everything by email and don’t call. They’ll just lie and say they didn’t say whatever.
Remember all real estate agents are scum
Who is the breach notice from? Strata or the landlord/leasing agent?
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You might have to take them to Fair Trading. If you even say this in an email it might be enough to stop their ridiculous bullying.
Everything in writing.
Collate all the information from the previous breaches, including your responses, supporting information that it wasn’t you, and their lack of reply to those events. Also include the current breach and all attempts at contact etc.
We had multiple warnings and the BM said our dog was barking all day. Spread over weeks, and even had someone put a letter in our mailbox.. though we’re too gutless to put a contact number down (or let the BM know they did) so we could try to address the issue. BM said they can definitely tell it was our place because others could see our dog on the balcony.
We were about 6 months into the lease.
I got the BM to provide any dates and times they had.
Looking into it, some of the dates we were on holidays and unit was empty…. feel free to look at our fob key access records.
After the anonymous letter I told the BM that in order to help and rule us out we were having family look after pooch for us for a few days. Turns out there were a couple new puppies in the building going apeshit as soon as soon as left alone.
Got it in writing that it wasn’t ours. And to those who ‘saw our dog’ can GTFO.
Perhaps when you get it all down on paper you will see a clearer picture of dates, and possible pattern.
We thought the people upstairs were going to be trouble after 2 massive back to back parties. Turns out it was a going away, and then a housewarming for the new tenants. Barely a peep since.
For your own protection you need to confirm with then what evidence they have it’s you – when none is provided, tell them to rescind the notice. If they refuse to rescind then VCAT. If they don’t respond or still blame you VCAT anyway. I am in NSW had same issues over and over, I put in formal complaint direct to NCAT and nothing since. Also if they try to escalate and you already have a VCAT complaint lodged it looks better for you.
Also check with VCAT if better to lodge the complaint against strata or go straight to owners corp as well so you get it right the first time.
I have an owner renter owner. Our lads the renters party Monday and Tuesday nights 12am to 6am they have been breached. Owner and PM say we are bullying their tenant. There’s not an issue we are in Qld. Just have proof and good luck.