The problem lies with my neighbour who has constantly complained about me to my manager, and called the police one time who issued me a $200 fine for a "city noise bylaw" It all has to do with my "special needs" grandson who lives with me. I have been accused of playing loud music during the night which was not true, it was coming from another apartment. She also claimed that she could hear loud noises coming from his bedroom even during the day. Most of these times, he was not even home, sometimes away camping for several days, and she still complained. I was not home most of those times either as I volunteer a lot. She wears two hearing aids, and takes them out when she goes to bed, so I don't know how she can hear anything.
I am being forced out of my apartment because of her, having to endure a great deal of expense in the moving process. You might want to note, that she done the same thing to the tenant beneath her for over two months, and finally got that woman evicted.
2006-10-15 05:22:56 · 14 answers · asked by eastcoastmarie 1 in Politics & Government ➔ Law & Ethics
Further to my question for legal help, I have since found out mor about what my neighbour has done to me. She has gone around the neighbourhood warning other managers about me, and telling them lies, and telling them how She had to call the police about loud music coming from my apartment, which wasn't true, it was in another apartment. After telling other managers in other buildings about me, I was turned down for 3 apts. in other bdlgs.
I had a hard time finding a decent place to live. The police refuse to allow me to lay charges against this person as she is a senior, but so am I. I am over 60 yrs. of age. True, I have my grandson living with me, I have been raising him alone since he was born 15 yrs. ago. His mom has cancer and cannot take care of him. I have raisied him to be a good boy, very respectful of others, and he doesn't make loud noise or play music without listening to it on his headphones. How can I sue this person for all the stress/financial troubles?
2006-10-17 06:17:41 · update #1
I want to thank everyone who has answered my question for help. Your answers have helped me a lot, particuallarly the last one I just received.
What I didn't mention was that I had already talked to both the manager and property manager, wrote letters to them about this woman, and how she is a nuisance neighbour. I talked to the police twice, about filing harrassment charges, but they said no, I couldn't do it. They won't give me a straight answer. I figure it's because they feel she is a senior and doesn't want to stress her out. They don't care that I am stressed out because of her. I too am a senior, almost 61, and alone, without a husband to help me out.
I have already found another place to live,and am moving next week. I spoke again with the manager when he came to see me a few days ago as he was worried about me! lololololol
Anyway, he will find out what she is like when the next tenants move in. He said he will evict her if she complains about them without good reason.
2006-10-22 14:43:48 · update #2
Most states have a state apartment association (in Texas it is called the Texas Apartment Association or TAA). Tenants do have rights, and the apartment association does have legal counsel that may be able to help you. Check with your state apartment association to see what can be done.
2006-10-15 05:32:52 · answer #1 · answered by 75160 4 · 1⤊ 1⤋
Try this ! You go an calmly approach a Justice of the Peace/ Explain your siyuation and the medical and legal needs of your grandson and ask if an order to keep the peace can be administered to the lady tenant whom is causing you problems. You should also consult your family doctor and your grandson's doctor prior to speaking to a Justice of the Peace.
From your doctor, get a letter that states you are suffering from stress related to agrivation brought on by your neighbour, from your grandson's doctor, get a letter stating his special needs. If your wife is alive, then she too would be suffering from stress related to harrassment causing undue aggravation by your neighbour. When you approach the Justice of the Peace, make sure you are well prepared, have your doctor's letters ready to show him or her and also explain that you can not afford a lawyer. Explain that you do not allow loud noise in your home to get out of hand to a point where it could affect a neighbour and further that such loudness which I would assume to be louder then normal voices when speaking with your grandson is kept to an absolute minimum at all times and also that loud music and other entertainment is not allowed after 10:30PM. as an example.
In the Province of Ontario, Canada, it is agains't the law to make loud noise after 10:30PM. You may discover that your apartment building has rules which govern loud noise, which may very well be stricter then your local laws.
Protect yourself!
In order to win a case such as this, you must be well prepared and also be able to prove a case of harrassment agains't your neighbour.
Get proof that your neighbour created the same situation for a previous tenant who lived below or near her.
Keep accurate records on every incidence, time's and dates and names of witnesses whom will support you !
Turn the situation around in your favour and throw the ball back in her court!
2006-10-22 21:06:16 · answer #2 · answered by Brian (Bill) M 2 · 1⤊ 0⤋
I have a simple solution for you, get a Antiharrassment Order from the courts. You just fill out some paperwork and pay a small fee. It will keep this person from harrassing you. If they do, you call the cops. Why haven't you contact the manager and explained what is going on and let them know you are taking legal action and just may include them if they don't help you. Sounds like this nutcase needs to be evicted. You can sue this person for damages by the way. There are free legal help places, check you phone book or bar association.
2006-10-15 12:33:23 · answer #3 · answered by MadforMAC 7 · 0⤊ 1⤋
First things first. Did you sign a lease? If so read the lease and see whether it speaks the issues of a) noise in the apartment, b) living with a grandchild and other relatives. Is the complex in which you live a senior citizens only complex? Even if it is called that by name read your lease and any other bylaws that are on file. Other things you can look into include any applicable local zoning ordinances, the city bylaw underwhich you received the fine. finally I would like to say that depending on your city, your own age, your grandson's age, his particular special needs, low cost or free legal representation might be available to you.
2006-10-15 13:34:39 · answer #4 · answered by Double GEE 2 · 0⤊ 1⤋
Well if you are a Senior you have already have something going for you. A hearing aid on the other tenant is not good for her either, being as she is complaining. In your case see a lawyer for consultation anyway. You will not be thrown out if you do. It will also delay what the other lawyer is trying to do to you. It will delay the action of the manager wanting you out. I would work out harassment charges to stop this from happening altogether. Take Care.
2006-10-20 19:02:14 · answer #5 · answered by Anonymous · 0⤊ 1⤋
There is little you can do except to point these things out to the owner of the property. Explain to them that time person is driving away paying tenants. As long as you have been a good tenant they may listen. Other wise just suck up the cost and move. You don't need any of this with all your other responsibilities.
2006-10-15 12:30:32 · answer #6 · answered by Ranger473 4 · 0⤊ 1⤋
Did you invite the police in to let them see the noise was not coming from your apartment?
If this is the case, it would be better if you move because this other tenant apparently has it in for people she doesn't like.
2006-10-15 15:27:20 · answer #7 · answered by Big Bear 7 · 0⤊ 1⤋
Is the apartment complex forcing you to move? You could sue her for the amount to move in small claims court.. I would speak to the manager of the apartment complex and bring up what she is doing to the person down stairs also
2006-10-15 12:31:56 · answer #8 · answered by mooeeyz 1 · 0⤊ 1⤋
Depending on the state if you document everything it is possible to sue for slander. Slander will not yield any money to speak of, plus it would be hard to get a lawyer who will take up the case.
2006-10-22 04:14:48 · answer #9 · answered by John E 2 · 0⤊ 0⤋
Look...just get out...you are doing the right thing by moving...who wants to live that way....if you didn't do any thing you will recieve good karma....you need to live in a better place...i rather have the expense and get the peace of mind i need especially with a child that needs my full attention....focuse on him and focuse on moving out...life is full of saddeness but we can't let it consume us....shake it off and continue your journey...i will pray for your peace.
2006-10-21 16:51:47 · answer #10 · answered by ILLY 1 · 1⤊ 0⤋