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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26000
Experience:  Litigation Attorney
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Hello My name is Joe, Today my housmatte and I received a

Resolved Question:

Hello My name is Joe,
Today my housmatte and I received a notice that Said we were in violation of written agreement of Loud Noise, Partying, and Public intoxication. I met with the Landlord today and she told me that the evidence of this was four complaints from different apartments spread throughout the community. I then asked her what "proof" she had and what level of music shoudle be played. She responded "None that is disturbing to our community" again I asked for "level" and not "preference." I then asked her for eveidence of public intoxication and she exclaimed that neighbors saw kids with bottles, but i asked how were they certain of public intoxication...breathalizer? She could not respond. Then said that students were puking and urinating in the garage, but there is NO WAY she could be certain of the connection to our apartment. Allin all she is making up circumstantial crap to try and fine us with. How can we fight this?
Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.

Kirk Adams :

Hi Joe - my name is XXXXX XXXXX X'X a litigation attorney. Thanks for your question.

Kirk Adams :

It sounds like the landlord's complaints are based on conjecture and circumstantial evidence. If there is nothing to validate the allegations and there is no proof that this was going on at your particular apartment, the landlord should have a difficult time sustaining these things.

Kirk Adams :

If things were as bad as they claim, the police should have been called and then there would be documentation/evidence about this occurring.

Kirk Adams :

You mentioned complaints, but no eye witness accounts - - this would be problematic as well.

Kirk Adams :

In a case like this, if the landlord doesn't back down and if they try to fine or terminate your lease, the only thing you can do is go to court and tell your side of the story and argue to the judge that there's no proof that any of these things occurred because of you or at your apartment.

Customer:

Thank you so much. I do believed the police were called once, but even so they told us to keep the music down because of "city" curfew and not community. My big question is that this is now a "final" warning so if someone who just happens not to like our music complains and she tries terminating us, will she have leeway in court because judges favor Landlords or is it reallly that they would have to have hard core evidence?

Kirk Adams :

They would have to provide proof that you were the responsible party, and usually, the best way to establish that proof is by calling the police.

Kirk Adams :

But, if they can't provide evidence to prove you were the culprit, it would be tough for the landlord to sustain terminating the lease.

Kirk Adams :

In other words, the landlord can't simply say that he/she thinks it was you - - there would need to be proof that it was you.

Customer:

thank you so much you are so awesome. I feel so much better. God Bless You.

Roger, Attorney
Category: Legal
Satisfied Customers: 26000
Experience: Litigation Attorney
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