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legalgems
legalgems, attorney
Category: Landlord-Tenant
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Can my roommate file a police report against me home late at

Customer Question

Can my roommate file a police report against me for coming home late at night? And good landlord evict me in New Jersey?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 5 months ago.

On what basis was the eviction stated?
Was one creating a "nuisance" by being loud at a late hour?

Customer: replied 5 months ago.
Idk that is what I am trying to figure out. I came home at 1 am by myself. Door locked on a holiday weekend. Accord8ng to.her I was loud. I live in duplex no other neighbors hear or have complained. It's just her against me
Customer: replied 5 months ago.
I haven't been evicted or served any warnings yet
Expert:  legalgems replied 5 months ago.

The police won't pursue a complaint from a roommate for the other roommate being loud; there are noise ordinances in most cities, and those are quite high (http://www.nj.gov/dep/enforcement/noise-control.html).

The police will only get involved if there is a crime - ie violation of a muni code re: noise level aka "nuisance". The landlord can only evict for cause, and first they must give an opportunity to cure; furthermore the landlord cannot go off the complaint of one person - the landlord would need to have proof, along with something in the lease regulating the noise level or similar language prohibiting loud noise.

A landlord cannot regulate the coming/going of a tenant, other than having posted hours for common areas (ie pools, gyms, etc).

Expert:  legalgems replied 5 months ago.

A lease may contain "quiet hours" but this cannot constitute a curfew-and it refers to loud music, and other loud noises (parties). But simply coming home and talking in a low voice is not prohibited.

Expert:  legalgems replied 5 months ago.

When looking at the situation, the test will be:

Would a reasonable person find that ____ conduct (noise level) interfered with their quiet use and enjoyment of the property; so daily activities are permitted.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

checking in on the above;

thank you for using Just Answer!

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