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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9680
Experience:  Licensed to Practice Law
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I have a Landlord that, in my opinion, is harrassing me. She

Customer Question

I have a Landlord that, in my opinion, is harrassing me. She makes me very, very upset and stressed with all her verbal attacks. She calls me on the phone and calls me names. Calls me a Liar. Says I am not allowed to call the Police anymore on the neighbors. (which by the way have been creating quite a problem for us by harrassing us, which we pressed charges on them for, steal our mail, vandalize our things, have had sexual parties so loud we can hear everything going on, it keeps us up all night as well as our small children and scares them, they look in our windows and my daughter gets hysterical, etc. Yet she refuses to do anything about the numerous problems with them!) She doesn't want ME driving them out by calling the police on them and pressing charges. Apparently, SOMEONE called Social Services on the woman upstairs, which resulted in her child being taken away. She told the Landlord we caused this and the Landlord said she called Social Services herself to investigate who called and it was our number the phone call came from. Which, by the way, things would be confidential and they wouldn't disclose information to the Landlord. But, this is the kind of false accusations she is harassing us with and they don't even make sense. She also told me that they are allowed to go in my basement when they feel like it (I live in the lower part of a duplex, they live in the upper), they can use my items in the yard, they can go on my screen porch and use my property. I've told her, in the past, I will not let them because they harass me and we're afraid of them. She says I will do as she says. I rent this property from her. This last bought of harrassment was all left on my Voicemail. We contacted the Police about her making scenes like this and they verbally warned her if she didn't stop, they would cite her. This last voicemail message happened AFTER we contacted the Police about her too. Well, do I have enough evidence to sue her? I also have he rtrying to blackmail us in a handwritten letter. We have paid the Police department to get the Public Records on the house because of all of the problems and I feel she is providing an unsafe environment with said neighbors.
Thank you for all of your help. It is much appreciated.
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

The only thing that sticks out as a possible cause of action against the landlord is that she allows people to use the property that you rent. That is not allowed, and it could be considered a breach of privacy and/or a breach of the covenant of quiet enjoyment. You may be able to win a small claims action against the landlord based on that. The other issues do not amount to a cause of action that would support a lawsuit ... though they may be valid reasons to argue that the landlord has breached the lease and, therefore, that you are within your rights to cancel the lease and vacate the property without penalty.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9680
Experience: Licensed to Practice Law
TJ, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Even if she allows them to use my property that is located outside on our locked screen porch? She stated this in her Voicemail message she left. Is that enough evidence?

Customer: replied 3 years ago.
And, she also has put our name and number in a Newspaper ad, last year, to help rent out the upper part of the duplex. We did not OK this and we are not legally obligated to show and assist with the rental of the property. Is that something she can do? Is doesn't state on our lease we are required to help find a tennant when it is empty.
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Your landlord does not have any authority to allow other people to use your property. If you're referring to your personal property, then your claim is against those who are using it. In other words, they should not use it even though the landlord says that it's okay, and therefore, they are at fault.

With regard to your name and number in the paper, you can simply refuse to help in any way. I doubt you'd win a lawsuit over it, however. Your remedy is to simply refuse to cooperate to show the property (I assume that's why your name was listed).

I hope that helps.
Customer: replied 3 years ago.
Thank you for your help with this matter. It is appreciated.

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