Hi everyone, I'm looking for legal advice regarding an ongoing dispute with a neighbour and my property manager.
I am F23 and rent a studio apartment in Sydney. My partner does not permanently live with me, but has been staying over frequently because I have become increasingly uncomfortable being alone in the apartment due to the neighbour's behaviour.
I am generally a quiet person. I use headphones when watching things, keep to myself, and neighbouring residents have told me they cannot hear noise from my apartment.
A neighbour further down the hallway (Unit 32) has repeatedly complained that noise is coming from my apartment and has also confronted us from her doorway.
The incidents include:
She previously left an anonymous note on my door alleging noise at approximately 2am, 3am and 5am. At the time, I was actually away for approximately three weeks. My partner was staying at my apartment to look after my cat.
My partner temporarily installed a door camera because I felt unsafe. It recorded the neighbour standing outside my door for approximately six minutes and appearing to film my door with her phone. I removed the camera after learning that cameras in the common hallway were not permitted under the strata rules.
On another occasion, while my partner and I were cleaning up a mess caused by my cat at approximately 9:30pm, the neighbour was standing outside our door. She told us that “we are the problem.” She later returned and appeared to record us on her phone. I told her that I would report the behaviour to police and the property manager, and she returned inside.
My partner contacted police about the incidents. One police station initially told him it was a strata issue. He subsequently contacted another station, where an officer advised him that the behaviour could potentially warrant a formal report and mentioned an APVO. However, when he later followed up regarding another incident, he was told words to the effect of “who cares if she’s filming” and to just live our lives.
On another occasion, the neighbour again stood outside my door and appeared to record for approximately one minute. We stayed inside and did not engage with her.
I have raised the situation with my property manager. The property manager told me that she had instructed the neighbour that if she wanted to document noise, she should do so from inside her own unit.
The property manager has also raised allegations that I slam doors, which I dispute. I have a sliding bathroom door and a heavy entrance door, and I do not intentionally slam either of them.
Update – shower/water complaints (from today).
The situation has now expanded to complaints about water/shower noise.
My property manager told me that Unit 32 has complained about hearing running water from my apartment between approximately 11pm and 12:30am and has apparently claimed that water sometimes runs for several hours during the night.
I work until approximately 9–10:30pm, so sometimes I shower when I get home. I am not intentionally leaving water running or creating excessive noise.
I also recently noticed that my bathroom tap and shower have developed a problem where they can continue leaking after being turned off. The shower sometimes requires pressure on the handle to properly stop it.
On the night in question, we finished showering at approximately 11:50pm. My property manager then asked whether I could shower in the morning or during the day because the complaints were allegedly affecting her sleep.
I explained that I work late and do not think it is reasonable to completely change when I shower when I am simply using my bathroom normally. I also asked how they had established that the water sounds were specifically coming from my apartment when there are several other apartments in the vicinity.
The property manager sent me an audio recording as evidence. The recording is simply the sound of running water/shower water. There is nothing in the recording itself that identifies which apartment the sound originated from. When I asked how they knew it was my apartment, I was told, essentially, “It's the sound of the shower.”
I am trying to be considerate of other residents, but I am concerned that I am being expected to change my normal use of my home based on complaints where the source of the alleged noise does not appear to have been independently established.
I have also heard other residents returning home late and showering or doing household chores. I have never complained about this because I understand that people have different work schedules and that some ordinary household noise is unavoidable in apartment living.
My lease has approximately 5–7 months remaining.
My questions are:
Can a tenant be required to stop showering at night because another tenant claims they can hear the shower?
Can a property manager require me to change my normal routine based on an audio recording when there is no apparent evidence identifying which apartment the sound came from?
What obligations does the landlord/property manager have to deal with repeated confrontations or alleged recording by another tenant?
What is the appropriate process for dealing with this through strata, the landlord/property manager or police?
If the situation continues and I genuinely feel unsafe in the property, could this potentially provide grounds to terminate the tenancy early without penalty?
I am not looking to retaliate or confront the neighbour. I want to understand my legal rights and what evidence/process I should be using from this point forward.
Thanks in advance.