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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111450
Experience:  Attorney with over 24 years experience.
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What kind of legal recourse do I have as a tenant in an

Customer Question

What kind of legal recourse do I have as a tenant in an apartment complex to get another tenant evicted because a violent domestic incident happened? He was stabbed by his girlfriend multiple times. This is not the first domestic incident with them that has happened and I know that people have been evicted for far less than this! According to the terms of the lease, he certainly fits into one of the reasons for eviction. However, the apartment manager has stated that he is the victim and her hands are tied. We need help here!! Before this happened, he was a loud, obnoxious, disgusting human being that cooked out and the smoke was billowing up so as to prevent the other residents from sitting out on their porch. He has not been charged with anything yet but there is going to be a trial. I have only been living here about 4 months and there are 4 single women living right around him - one with school age children. This is not right!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, as a tenant all you can do is file a complaint to the landlord. If this is interfering with your use and enjoyment of the property, then you can inform the landlord as to all of the things that their use of the property is doing to interfere with your use of the property and that this is a breach of your lease and you need to give them at least 45 days to cure the breach, because they need time to get together and get a 30 day notice to evict sent to the tenant if they are going to evict. If they refuse to evict, then you would have to sue for breach of contract to terminate your lease and prove in court that this person's conduct interfered with your use and enjoyment of the premises (not safety, because under the law the landlord is not the insurer of the tenant's safety, all they guarantee by lease is peaceable use and possession of the property and that is what you have to prove is being interfered with).

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