Kids upstairs are running around and making noise

[Missy H.]

I have a two family and just rented out the upstairs to a couple with two young kids.  The husband has excellent references and has been paying the rent on time.  They want to live there long term and he has even done some improvements to his apartment because they want to make it a home.  So far they are great.

My problem is that the downstairs tenant has been complaining that the kids are running up and down all day and he is getting "headaches" from the noise.  I mentioned the excessive noise to the upstairs tenant and he said that he would talk to his wife to try to have the kids keep the noise down.  I then told the guy downstairs that I spoke to the people upstairs.  But really, all I can do is talk to them.  My lease has a noise clause but that is between the hours of 10PM and 6AM.  This has nothing to do with the noise clause.

Today I get another text from the guy downstairs with a photo of the dining room area that has dust on the furniture, allegedly from the ceiling due to all of the "Banging and running around".  I have already spoken to the tenant upstairs and told this to the guy downstairs.  

I don't think there is anything more that I can really do.  

To be honest, if he wants to move out, i would be ok with that.

Your thoughts and advice????

[Missy H.]

@Aisha M. In the end, I told them both that they had to work it out among themselves.  The downstairs complained about the upstairs' children and the upstairs complained about the downstairs smoking at the back door.  (They do not smoke in the apartment...I go there and it does not smell of smoke.)

[Michael Robbins]

I agree, there is nothing to be done.  There is fair housing involved here and familial status protections.  The only way the downstairs tenant can prevent a noise disturbance from upstairs is to find another unit on the second floor or move to somewhere with nobody above.  

[Robert Nystrom]

The excuse that kids will be kids is ****ing ********! Don’t be a lazy ****ing parent! If your kid is running around the house take him to a ****ing park! If your kid is running around and loud after hours then parent him and give rules. Nobody should be made to suffer because your a lazy parent. Just before you judge me know I am a parent and would feel absolutely awful. You need to be a good neighbor. End of Story!