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In my condo community i am having a dispute with my neighbor

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In my condo community i am having a dispute with my neighbor below me because my first week here i was washing my porch and the water went down and got on her porch, she had her 8 year old grand daughter curse me and call me bad words. So i talked to the property manager and he said he would talk to her, okay so a few days go by and i think it is all resolved and my neighbor right next door tells me to be careful because alot of people here in the complex have had issues with the little girl and she slashed their tires. okay it didnt concern me directly (not yet anyway, so i wasnt too concerned) so here it is over a week later and my property manager calls me tonight and says that people up here at my unit were throwing lit cigarettes down below and caused a child to step on one and get hurt....
this is completely BOGUS i dont even smoke. I told the property manager and he did aknowledge that he was aware of an ongoing issue with the little girl having a mental disability etc and the lady possibly being off her "meds" i told him that i thought she had some sort of mental problem and my question now is can i sue this lady in small claims court? If so what exactly would it be for? Liable? Slander? Defamation? loss of wages to deal with said issue? ???


Additional information
My state is Arizona
My county is Maricopa
I have other tenants willing to appear on my behalf reference said person behavior despie management now stating there have been no issues with said person.
Submitted: 5 years ago.
Category: Legal
Expert:  LawHelpNow replied 5 years ago.

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with civil litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "...my question now is can i sue this lady in small claims court?" First of all, please allow me to say I am genuinely sorry for all you have endured throughout this ordeal. This sounds like an utterly ridiculous situation, and I hope things soon look brighter for you. Now, turning to your direct question, you could seek monetary damages up to $2,500 in the small claims venue. However, small claims enjoys rather limited jurisdiction. Specifically, you can sue alleging breach of contract, property damage, personal injury, and monetary debts. You cannot sue alleging slander or libel (defamation), any criminal violation, or for injunctive relief (i.e. a restraining order preventing this woman and/or her daughter from engaging in certain objectionable conduct). In terms of litigation, one is often forced to look at the potentially liable party with "deep pockets". Along those lines, you may want to share with your property management: Arizona Revised Statutes § 33-343. In addition to this statutorily codified right of habitability, there is a common law right of the quiet enjoyment of one's premises as a tenant. In other words, you are legally entitled to the use of your condominium without the unwarranted invasion of your rights by this woman and/or her daughter. In terms of your next move, it would be prudent to send a written objection (certified mail--return receipt requestsed) to both the parent and the landlord. This will serve as a valuable predicate should the matter proceed to formal litigation.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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