Can I sue my neighbor for moving expenses?

Question

I live in an apt building and have a idiot above me for a neighbor. Loud noises all times of night, heavy stomping etc, running through the apt and such after midnite, etc...My question is, I am moving due to his actions as well as some of his friends he has over. Can he be sued for moving expenses and/or the increase in rent I will be paying? There is also harrasement on his and his friend part which is on tape. The location is Maryland. Thanks

Answer 1

No. You removed yourself from the situation, giving you, he, and the landlord no vested interest in resolving the issue and receiving damages.

Answer 2

You are actually entitled to the abatement of my rent because this is a defective condition that has prevented you from being able to fully enjoy the use of your apartment. The person who will be giving you a refund is the landlord though. You cannot sue the neighbor. The key legal terms you want to drop in a letter to a landlord are "defective condition" and "abatement of rent."

However, you must prove a few things. First, there must be a lack of insulation (which it sounds like there is obviously) and negligence of the landlord (not telling your neighbor to shut up or carpeting the floor above you) that are in fact "defective conditions," and that you have reported - repeatedly, in writing, these problems on numerous occasions. If you have not left a paper trail, then you won't be able to sue. You can also call the cops - by the way. Police reports work just as well. Given proper documentation of unresolved complaints, you absolutely have the right to either rental abatement beginning from when the problem started (refund on your rent). Estimate that this has decreased the value of you apartment (via your ability to use it) by 30% and demand this from your landlord.

Last, given the serious and aggravating nature of the problem, this can amount to a "constructive eviction." (You are self-evicted because you cannot bear to live there.) In that case, the law would stipulate that you can expect to be reimbursed for all moving costs and rent differential that you would have to pay for relocating. You should also state that it would be your preference that the landlord correct the problems promptly. If, however, the problems are not fixed by (10 business days), you will pursue one of the alternatives outlined above simply because the problem has become intolerable. State that you have enjoyed being here and would like to remain here, but cannot continue to live with this noise. State that you have been a good tenant (unlike the other tenants in the building, you do not aggravate others with noise), and thus expect a degree of reciprocity from the landlord.

It's the landlords job to maintain order and thus the liability falls there because s/he promised you "quiet enjoyment" in your lease. Your neighbor did not...so you couldn't sue the neighbor (though i know you'd want to...been there...).

The goal is to settle out of court & avoid court fees... and wasted time.... which, a carefully written letter and a paper trail, can do.

Answer 3

YOu can sue a ham sandwich if you want to.
The problem is PROVING that you were 'forced' to move because of them...
Is your lease ending or are you breaking your lease to move?
do you have any complaints on file with your landlord about this guy and his behavior and that of his guests?
what about police reports regarding them and this harrassement stuff that you have on tape?

I guess you are seeing where I am going with this line of questioning. I am asking you, DO YOU have any proof of the claims you are thinking about making in court?
If not, dont go thru the expense of suing them as your arguement will be ripped to shreads by any first year law student. *(talking about adding insult to your injuries)

Consider the extra money that you are going to have to pay for you new place..after you move, you will see that it is small price to pay for your piece of mind that you will regain in your new place.
(also keep your recipts as in some cases you can deduct your moving expenses on your taxes if you itemize)
IT sucks that YOU have to move when clearly you have done nothing wrong but I commend you for removing yourself from what could potentially have been a very hostile situation where someone could have been hurt or killed.
IT does not sound like it would be worth the hassle to file a civil case against bigfoot and his neanderthal friends...but I would file a police report regarding the harrassment that you have on tape. The state prosecutor might just send him a little love letter informing him of a criminal court date where you can request a no contact order (or whatever they are called in your state).
GOOD LUCK

Answer 4

You can sue for anything. You'd have a possible case if you can prove the harassment. You'd have an even better case if you had called the police.

I would imagine, however, that winning would be hard and collecting even harder. Even with a judgement, there is a good chance you will recover nothing.

Answer 5

You're kidding, right? Yes, you can sue anyone for anything. It will cost you to institute a law suit through an attorney (the only wayunless you go to small claims court where you will surely lose.). It will cost you more to do that than to move. You would lose the case and no attorney worth his or her salt would take it. Wise up. Look for new digs.

Answer 6

you may sue a ham sandwich in case you want to. the challenge is PROVING that you've been 'forced' to flow because of them... Is your lease ending or are you breaking your lease to flow? do you've any court docket circumstances on report consisting of your landlord about this guy and his habit and that of his travellers? what about police comments on the topic of them and this harrassement stuff that you've on tape? i wager you're seeing the position i decide on this line of wondering. i'm asking you, DO you've any evidence of the claims you're wondering about making in court docket? If no longer, dont bypass via the price of suing them as your arguement will be ripped to shreads by technique of any first 3 hundred and sixty 5 days regulation pupil. *(speaking about including insult on your injuries) evaluate the added money that that's mandatory to pay for you new position..when you flow, you'll locate that is small cost to pay on your piece of innovations that you'll regain on your new position. (also keep your recipts as in certain circumstances you may deduct your transferring prices on your taxes in case you itemize) IT sucks that's good to flow at the same time as obviously you've executed no longer some thing incorrect yet I commend you for eliminating your self from what might want to doubtlessly were an truly detrimental difficulty the position someone would were damage or killed. IT does no longer sound like it would want to be properly well worth the effort to report a civil case adverse to bigfoot and his neanderthal acquaintances...yet i might want to report a police report with reference to the harrassment that you've on tape. The state prosecutor would merely deliver him somewhat love letter informing him of a criminal court docket date the position you may request a no contact order (or perhaps with they are noted as on your state). strong success

Answer 7

doubt it. There are avenues other than moving that you could have pursued. Report the noise to police. They come out enough times, they can start writing tickets. the landlord or the police would be able to make it unpleasant for them.

Answer 8

I have to move from my own home. My wife and 6 year old son are stalked and road raged when they leave my house. I have called the police dozens of times. They burn rubber at the end of my driveway, they egg me and they are verbally abusive in front of my child. The stop and rev their engines at the end of my driveway and the flip off my 6 year old son. They throw their garbage on my front lawn. They have stolen items from my garage. This is all documented. I took them to court to obtain a no contact order and the parents as well as the two 17 year old boys perjured themselves start to finish. The boys stalk my sons school and road rage us as we are getting in our car. All documented with the local police department. Some of the verbal abuse is accusatory and sexual in nature right in front of my 6 year old.

Answer 9

I doubt it. You should have involved your Landlord. Then you could have sued HIM for failing to provide a suitable housing situation.

Answer 10

I don't believe you have a case. You should have filed complaints with the police and building management...you might have gotten them evicted.