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Albert Marmero
Albert Marmero,
Category: Criminal Law
Satisfied Customers: 175
Experience:  Partner at Long, Marmero, & Associates, LLP
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Can a roommate file a police report against me a little loud

Customer Question

Can a roommate file a police report against me for being a little loud at night when I come home
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Nj
JA: Have you talked to a lawyer yet?
Customer: She is retaliating against me
JA: Anything else you think the lawyer should know?
Customer: It was last night. I was out since it's a hokiday
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Albert Marmero replied 3 months ago.

From a legal and technical standpoint, yes, your roommate can file a police report and if you are in violation of the local noise ordinance, you could be cited. But I highly doubt the police would cite you. If your roommate called the police, the police would likely talk to you both and ask you to work together and come to a solution. The police would also likely think your roommate is being unreasonable, so as long as you seem reasonable and rational, you should be fine. So, the bot***** *****ne is yes, anyone can file a police report. But the odds are 99% that the police will not take this noise complaint seriously and will just tell you guys to work this out.

I hope this is helpful. Please provide a rating so I receive credit for responding to you. Also, feel free to ask follow up questions. Thanks!

Customer: replied 3 months ago.
Does my land lord have just cause to evict me for that reason. Im.coming home by myself. Door is locked. No loud music
Expert:  Albert Marmero replied 3 months ago.

That would depend on what your lease says. But most leases do allow for eviction of tenants who are being loud and/or unruly. But from what you are saying, it sounds like you are not being loud, but just accused of being loud and if that is the case you cannot be evicted. You are going to need to work out this conflict with your roommate, because your landlord will grow tired of it if it results in police calls, etc and then you could have problems.

Customer: replied 3 months ago.
Legally though just being accused of being loud cannot result in eviction?
Expert:  Albert Marmero replied 3 months ago.

No, that will not get you evicted. And if your landlord is concerned about the accusations just make sure the landlord understands the situation.

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