Noisy Upstairs Neighbors

Location: Houston, Texas

Hello,

I just recently moved in one of the apartment communities in Houston, Texas and I am having a trouble with noisy neighbors upstairs. Above me lives a mother with a kid and the kid is being very loud. The kid is running/jumping/stomping almost all day long from about 9am to 10pm which is very well heard in my apartment. I understand that this is a child and it is normal for the child to run around during daytime, and such "children" activity wouldn't usually worry me. But the main problem is that this noise is, as I would describe it, "incessant". I would usually have to listen to one of the following scenarios: Scenario 1) loud running/stomping ("BUM BUM BUM BUM BUM BUM BUM") followed by 0-10 min of silence, followed by another loud running/stomping. Scenario 2) Silence: the child seem to leave or go to sleep. I try to keep a log of these noises here is one of the days. "Time-time" shows the period of scenario 1, while "time | time" shows the period for scenario 2.

Noise log for July 31st-----------------------------------------------------------------------------------------
|9:30-10:36 | 2:01 pm – 3:02 pm | 16:25 – 16:45| 17:56 – 17:58 | 18:15 – 18:20 | 18:33 – 18:45 | 19:30 - 20:11|

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The stomping often is louder than 60 dB (the max I recorded was 81 dB). I am currently working on getting a dB - time plot.

I asked the neighbor (verbal and written) and landlord manager (verbal and written) to remedy the situation, however, nothing changed. The neighbor gives me promises, while the manager just says that this is normal. I think that since the noise is incessant and frequently loud this breaks my lease agreement (see bellow):

Part of my lease contract--------------------------------------------------------------------------------------

Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving in a loud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, including us, our agents, or our representatives;

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In addition to that, they drop/throw empty plastic bottles and toys on my patio. In one instance, the kid threw his/her toy car in my window.

With that in mind, would anyone kindly give me your advice on how should I act? I would, of course, like to resolve the issue peacefully, however, it is just unbearable to live like this.