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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38093
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I feel my landlord is harrassing me. Started with me asking

Customer Question

I feel my landlord is harrassing me. Started with me asking him to turn down his music. Then he told me to remove my bbq from my balcony (electric). Then last weekend I was sick and asked him to turn down his music again. He said "fo sur" and slammed the door in my face. I'm still sick last night watching a movie. He came up stairs and told me to turn down my music (watching TV), I gave him the same treatment and shut the door in his face. However he forced it open before I could close it and said he wasn't finished talking. Then my boyfriend went on our balcony to smoke. They saw him and told him he couldn't do that. Then they served us a 3 day cure or quit. All this started by their loud music. I have written a letter to their management office but to no avail Now this.... I have lived ther over a year and they have been there approx 4 months. Do I have any recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, is smoking from the balcony forbidden on premises? Also, was it forbidden by your lease agreement to have a BBQ grill on the balcony? What specifically is the 3 day notice for, what is the landlord alleging or claiming?
Customer: replied 1 year ago.

No smoking is not forbidden and we can have an electric bbq. The 3 day is for noise (playing music too loud) we were watching TV. They even called the police. When they arrived about 15 minutes later they we weren't doing anything wrong and the TV was not loud. We had no other warnings about being loud. Even our neighbor had a loud party and they did not get a notice.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.

That does help. Did the police investigate or attempt or attempt to hear whether indeed the noise was so loud? Were you cited by the police for anything?
Customer: replied 1 year ago.


They did say they listened but could not hear anything and we were not sited.


 


What really upset me is this man (manager) forcefully stopped us from closing the door. Yelling he wasn't finished yet. Then immediately went down stairs and served a notice. When last weekend I could not sleep because of his blaring music. When asked he slammed the door in my boyfriends face. My boyfriend told him I was sick. He didn't care.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I see a couple of issues here, most of them favorable to you. The landlord is obviously attempting to retaliate. Consider taping his blaring music if you can (or get a decibel reader, something you can obtain at a local electronics store such as a Radio Shack). When he takes you to court, counter-file for breach of his duty and for retaliatory eviction. bring evidence of his noise and also accuse him of trespassing into the premises when he forcibly attempted to re-enter, something that he CANNOT do as you have a right to bar entry into your own property, even to a landlord. If you prevail, you can seek punitive damages of up to 3 times the monthly rents and of course the termination of his eviction proceeding. He cannot hold you to one standard while acting out against you in a similar manner. But you would need evidence and proof that he is indeed acting in such a way toward you.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38093
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 11 months ago.


After the 3 day was surved on 9/27 I was then served a 60 day notice to vacate.

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