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Yes, you could sue the neighbor for what is known as "nuisance" which means he is upsetting the enjoyment of your property.
You will want to go ahead and talk to your lawyer and he will tell you what kind of evidence you need, etc.
could that violate the terms of my lease and back fire on me?
Once he gets that evidence he will send a cease and desist letter to the neighbor and if it doesnt stop then he will sue.
what type of evidence? I have to record the banging? do you think?
Usually that would make the most sense. Recordings, having a witness or two, there may be something else but those make the most sense.
could it backfire on me? and the management try to evict me? cause they are all a bunch of trash bags
They could, theoretically, but your lawyer could probably head that off by claiming that their inactions equate to a constructive eviction or a breach of contract and then if they try and evict you there would be a claim against them for those causes of action as well as retaliation.
Did you have additional questions?
was thinking about what you said about proof so basically I'm screwed. If i have a tape of someone banging and noise they can say i got that from anywhere. how can i really prove it? basically I just have to move. what do you think
The way to prove it is to get someone over there and record it while they are there.
If you want to break your lease and move then you hire the lawyer and they will write a letter asking the management to correct the problem and when they don't you can them move and use "constructive eviction" as a defense if they sue you.
Yes, a friend, relative, anyone.
thank you Excellent Service any last advice?
No, not that I can think of. Just brainstorm a little with the lawyer you want to use and you can set it up to be a win no matter what happens.
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