I recently moved in to an apartment complex. I received a notice to terminate my lease because "you or your guest(s) were seen deiving a truck through the property with extremely loud music." I don't think they can kick me out because my brother has a loud stereo system in his car. He dosen't even live there, he just picks me up and drops me off from work. I did not get any warning...just a notice that i have 10 days to move out. Is there anything i can do? Do they have a right do do this?
2007-01-17 03:51:41 · 7 answers · asked by vhernandez_75 2 in Politics & Government ➔ Law & Ethics
Holy cow. That seems rather extreme. Have you contacted your landlord? Because, of course, to get you out, they have to file an unlawful detainer action against you (they cannot engage in "self-help" and throw your stuff out) And it would seem to be awfully inefficient for them to throw out a tenant who's otherwise been good if the only problem is noice twice a day. Perhaps you can tell the landlord that you didn't realize that the stereo was disturbing, that you received no notice regarding the noise, and you'll have him turn down the stereo from now on when driving in and out.
Also, talk to someone from your local legal aid society; they're often good at dealing with landlord-tenant disputes of this nature.
2007-01-17 04:03:03 · answer #1 · answered by Perdendosi 7 · 1⤊ 0⤋
Read your lease and if it doesn't have anything about that go to a lawyer and see what your rights are. You might have a case against the manager of the apartment complex. Because in a lease it says that they shoudl give you warning then they throw you out. But if they have never given you a warning of any kind well you have a case against them. But see a lawyer and most lawyers don't charge you for the first visit.
2007-01-17 12:07:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There is almost always a requirement of notice and a right to be heard on the disputed matter. Check your lease agreement. Generally you are responsible for the conduct of your guests but there needs to be a warning first and give you a chance to correct the mistake.
I would go to the building manager and discuss the matter with them first. If they refer you to the owners, then talk to them as well. Assure them that your brother will not do it again. They should give you a second chance.
If you are serious about staying, then you can probably take them to court, get a stay on the eviction and win in the LL/T dispute itself.
Best wishes.
2007-01-17 12:05:22 · answer #3 · answered by rac 7 · 1⤊ 0⤋
Have you read your lease? Maybe you missed something in there? If not...see a lawyer. But I don't think they can just break the lease that easily.....unless it IS in the lease. Anyway, let this be a lesson. Be more respectful of other tenants. And make sure your brother keeps the music down from now on.
2007-01-17 12:06:21 · answer #4 · answered by TexasRose 6 · 1⤊ 0⤋
I don't think that should be possible. Read the copy of the lease that they gave you. If it is one of the bylaws, then yes, you must abide. If not, You do not need to move out.
2007-01-17 11:58:50 · answer #5 · answered by betatesterwood 3 · 0⤊ 0⤋
You might need to get a lawyer, but you might want to approach your landlord and tell him it wont happen anymore, then tell your brother to stop being an inconsiderate jerk when he picks you up.
2007-01-17 12:01:33 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Check the lease agreement.
If it doesn't say anything about it, you can fight it in court and probably win.
2007-01-17 11:55:18 · answer #7 · answered by ? 6 · 0⤊ 0⤋