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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6846
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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I sublease a condo underneath a condo owner. She has since

Customer Question

I sublease a condo underneath a condo owner. She has since I moved in and for the last 5yrs prior to me moving in made a load banging noise on the floor and there have been several instances and lawsuits one in which she one. I have asked her to stop the banging noises and have been threatened to get sprayed with wasp spray by her for knocking on her door and asking her to stop on one acausion she sprayed me in the face and was issued a citation. I would like to know what my rights are when she starts to pound on the floor I want to ask her to stop because I work hard and need some sleep also I go to school and it interferes with my schedule as I'm much more tired then I should be. I can't ask her to stop because I'm afraid to get sprayed in the face again or worse. I want to get a restraining order but I just rent here and she owns her condo. I can't afford to move out at this time and I've signed a lease for 6months.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
occasion** loud**
Customer: replied 1 year ago.
I want to take her to small claims court for attacking me and for disrupting me while trying to study and sleep in the mornings. I want to sue the HOA for not taking any actions toward her throughout the years prior to me moving in. She didn't cause any injury but she only missed my eyes because I turned my head away from her. She hasn't stopped at all and now I'm afraid to say anything or knock on her door because she attacked me.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Irwin Law replied 1 year ago.
I can offer you live phone call contact if you accept the offer of additional services.
Customer: replied 1 year ago.
what are the additional services?
Customer: replied 1 year ago.
cost?
Expert:  Irwin Law replied 1 year ago.
I'm sorry, but Just Answer is telling me that direct contact is not possible for this question. I am not sure what the reason is.
Customer: replied 1 year ago.
okay can I have a online response then?
Expert:  Irwin Law replied 1 year ago.
Hello again. I'm sorry were having these problems with the contact. If you want to pursue the issue of direct contact with me, there is a customer service number at the bottom of your screen which you can call for assistance. As far as your problem with the upstairs neighbor goes, you can sue her for simple assault, but your damages are negligible. You will spend money for court costs, plus missed time from study in school to attend court hearings. Cases like yours can drag on even in small claims court. I doubt that your small claims court has jurisdiction over cases seeking damages for pain, suffering and inconvenience so check that out first before you file anything. Neither do small claims courts have jurisdiction over TRO's. Those are usually issued through the prosecutor's office, and the issue of using insect spray is not going to impress people who are used to dealing with serious injury cases.You have no claim against the HOA for what they did or didn't do before you moved in. I don't see anything about you telling this to your landlord and asking your landlord to take action against the lady. If she is disturbing your right to quiet enjoyment under your lease, you may have grounds to get out of the lease, and that is going to make your landlord extremely unhappy with her. That is the direction that I suggest you go at this point in time. If you want to continue an to speak directly, please let me know by a Reply.
I hope that this information is helpful and that you will enter a positive rating. That is the only way I will be compensated for assisting you. I will be happy to answer follow-up questions which relate to this one. Also, since we are not acting as your attorney be sure to confirm our information with a local attorney. Thanks for choosing JUST ANSWER.
Expert:  Irwin Law replied 1 year ago.
I did not opt out of your question intentionally, so I have canceled that. You may continue the discussion with me at any time. if you are satisfied with the answer that I submitted, a positive rating would be appreciated.
Expert:  Irwin Law replied 1 year ago.
Hello again. Do you have any further follow-up questions? if not, I would appreciate a positive rating from you for my answer. Enjoy the Day and thanks for using JUST ANSWER.