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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 28999
Experience:  30 years experience representing clients.
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we are having problems with excessive noise and harrassment

Resolved Question:

we are having problems with excessive noise and harrassment of our neighbors we have contacted our landlord about this matter several times and all he has done is make a phone call to them or say something to them in passing. yet the problem still continues. he states that he will not hold us to the term of our lease if we wish to move. our landlord sent us a copy of our lease with what he says pertains to us. we got our lease out and compared it and what he has and it is not the same as what we have signed. he further states in his email that he "would not nor can not garantee the experience with our neighbors will be peaceful" should we pursue legal action against our landlord for failure to comply with the lease? or would it be in our best interest to just deal with it til we can move?
Submitted: 5 years ago.
Category: Legal
Expert:  Loren replied 5 years ago.
Your landlord is obliged to protect you from harassment by other tenants under the landlords duty to warrant quiet enjoyment of the premises so long as you are not in default. If the tenant is harassing you the landlord should be evicting the tenant. If you are forced to leave then the landlord is liable to you for breach of the lease and you would be entitled to your damages if you sued the landlord and proved your case.

It is up to you to do the "cost benefit" analysis as to whether it pays to sue or just move out.

As always, refer to local counsel to protect your rights in this matter before taking any action.
Customer: replied 5 years ago.
what would we need to prove our case against the landlord?
Expert:  Loren replied 5 years ago.
You would need to show that you are being harassed by another tenant and that when it was brought to the landlord's attention, no action was taken to protect your right to quiet enjoyment.
Customer: replied 5 years ago.
i have an email from the landlord where he says "in each of the numerous events where we have called him with complaints about our neighbors, taken steps to contact all parties and resolve the sitituation" however the problem still continues. once the landlord leaves, the neighbors go back to the same way they were. would this be enough proof of our claim or would we need more?
Expert:  Loren replied 5 years ago.
That may be enough because it shows numerous complaints and the landlord should be evicting the troublesome tenant if the phone calls do not correct the problem.
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