tenant on the second floor harasses tenant on the first floor with heavy jumping and running and dropping things on the floor
2007-05-15 11:36:28 · 3 answers · asked by fed up 1 in Politics & Government ➔ Law Enforcement & Police
"private nuisance":
"The interference with one's right to the private quiet enjoyment of their land"
Must show that the defendant "knows with substantial certainty" that such an interference has occured. It must be unreasonable.
The only defense are:
assumed risk, as in prior knowledge of the nuisance
the locality is suitable for the type of nuisance.
What you can do:
contact your landlord, all nuisances are a breach of the lease, you can force an eviction for this, or break your own lease. Dig out your lease, you will find it there
contact the police, they can witness this, make a police report, you can use the report in court if you decide to sue them for $$$$$$
Also, there are probably some ordinances that will get your neighbor a fine. This is around $200 in the city I live in.
2007-05-15 11:52:03 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 1⤋
Don't be ridiculous. This is a matter that should be corrected by the landlord or property manager. No need to sue.
Your lease guarantees you the "quiet enjoyment of your premises" and the property manager must ensure you have that. Just keep complaining to the manager until the problem is solved......
Why would you want to jump right in to court...
2007-05-15 11:58:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
write your landlord or housing/condo assocation to make a formal complaint.
document via video or audio recording the noise and log each time it happens.
if landlord/housing/condo association does nothing. escalate to a police report. the "documentation" can be used to help the pattern of 'harassment'
2007-05-15 11:52:22 · answer #3 · answered by arus.geo 7 · 0⤊ 0⤋