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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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i live in portland, or and my neighbor is harassing me. non

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i live in portland, or and my neighbor is harassing me. non stop banging on the floor, etc and the noise comes into my apartment. It's bad. I have no idea who this person is or why they are doing it. I have no issue with the neighbor on the other side and besides this its a new and quiet building. what are my options. can i hire and local lawyer and serve and sue this person? what can i do. the management can care less.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Yes, you could sue the neighbor for what is known as "nuisance" which means he is upsetting the enjoyment of your property.

Dwayne B. :

You will want to go ahead and talk to your lawyer and he will tell you what kind of evidence you need, etc.

Customer:

could that violate the terms of my lease and back fire on me?

Dwayne B. :

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.

Customer:

what type of evidence? I have to record the banging? do you think?

Dwayne B. :

Usually that would make the most sense. Recordings, having a witness or two, there may be something else but those make the most sense.

Customer:

could it backfire on me? and the management try to evict me? cause they are all a bunch of trash bags

Dwayne B. :

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.

Customer:

hmm

Dwayne B. :

Did you have additional questions?

Customer:

yes

Customer:

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

Dwayne B. :

The way to prove it is to get someone over there and record it while they are there.

Dwayne B. :

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.

Customer:

a witness?

Dwayne B. :

Yes, a friend, relative, anyone.

Customer:

thank you Excellent Service any last advice?

Dwayne B. :

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.

Customer:

thank you

Dwayne B. and 5 other Legal Specialists are ready to help you
You're very welcome and best wishes.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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