That sounds like a horrible situation. Under the law, your landlord owes you a habitable place. In legal proceedings by tenants, it has been taken to mean things like heat, running water, no broken windows, etc.
Under your lease, if you have one, the landlord may have guaranteed quiet during certain hours. Or there may be a provision in the lease requiring tenants to be quiet during certain hours or not disruptive to the property. If this is the case, the landlord could evict the person upstairs for violating the lease, or at least warn her or him that she or he will be evicted if the noise doesn't stop. Again, this depends on the specific language of your lease. It would be worth talking to the property manager about this, and getting the involvment of other neighbors if you can. It also would be worth having an attorney look at the lease. The Maine Disability Rights Center may be able to provide you with some legal assistance.
Another possiblity is to file a small claim seeking payment of any costs to you because of this disruption and money damages for your emotional upset. Small claims can be filed for claims up to $6,000; the forms are online and at the court house.
The most practical solution is to move, as these people sound pretty inconsiderate and the refuge of home is too important. Maybe your property manager would agree to your breaking the lease, or maybe even switching to another unit on the property, given the problem. I'm assuming that you have tried talking to the person above you direclty but, if not, that would be worth a try too. Good luck.
Answered on Jan 10th, 2017 at 8:05 AM