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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am an owner residing in a condominium complex in Miami-Dade

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I am an owner residing in a condominium complex in Miami-Dade County,Florida. The tenant underneath me (tenant, not owner) is an ongoing issue of harassment, banging objects on my ceiling when she hears me walk, breathe, do dishes,talk on the phone; she has come to my door violently threatening me to "get the f---out of your place"" She has made the security guards wake me up by knocking on my door for a "noise"complaint which she has been told in a grievance committee hearing last year she is not allowed to continue to complain to the Board about me as I am not breaking any laws; I was alos told that this is police matter; but I have made police reports and now need to know HOW to EVICT her, she not being my tenant but my neighbor ruining my life, welfare, health, and includs character assasination to my neighbors in the building, her child taking pictures of me on my balcony and isn't there a protocol that after 3 polica reports she can easily be evicted? Her landlord is a realtor and I gave her an opportunity to get a new tenant and she ignored it. I am an agent too. But a resident , person first!.being disturbed in my private primary residence. Every day, every week, even when I am not there she complains about "noise"above her. She is a living nightmare. Whatr can I do? Do I need the Condo Assoaition's approval to evict her and can they help me and how? They keep saying this is a civil police matter; but why should she be allowed to stay? please advise XXX@XXXXXX.XXX desperate, hurt, ignored, harassed.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm very sorry to hear about what is going on.

You cannot personally start an eviction proceeding. That legal remedy is reserved for her landlord only.

However, what you can do is sue the landlord and the tenant for nuisance. This behavior certainly disturbs your right to the quite enjoyment of your property and is an illegal harassment. The damages you incurred would be the market value of your condominium. for this sort of lawsuit, because of the size of the damages you would be asking for, it would be best to hire an attorney to start the claim. The claim would start with a Cease and Desist letter to both the tenant and the owner. That would probably really get the owner's attention, as the treat of being sued for hundreds of thousands of dollars is no laughing matter. The owner is really the party that can solve this by evicting the tenant for the tenant's misconduct.

You can also press the Condo Association to penalize the owner for the tenant's violations of Condo Association by-laws and code of conduct.

Please let me know if you have further questions. Please also consider rating my answer positively so that I am compensated for my work on your question by the website.

Thanks,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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