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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54575
Experience:  Attorney with 29 years of experience.
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I live in a 55+ community with strict guest rules. My

Customer Question

I live in a 55+ community with strict guest rules. My neighbor has 2 adults and a young child living with her for over 3 months. The property manager has been trying to get them out but said the process takes well over 90 days. I know that they had visa for 6 weeks they are from Turkey. Now they are threatening me as I live acrosss the street and have seen them sneaking in and out of the house. Is there anyhtign I can do the police will not help until they physical hurt me
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Hi there. My name is ***** ***** I look forward to helping you.

In addition to your association enforcing its rules, you can take action personally in the form of a private nuisance suit against these neighbors. Although they may feel as if they have the right to do whatever they please on their property, those rights are limited by the impact they may have on others. You have the right to file a private nuisance claim if their actions deprive you of the peaceful and quiet enjoyment of your property which results in the deprivation of the habitability of your property. The fact that you have strict rules in place preventing your neighbors from their actions only buttresses your claim. You should file suit for private nuisance and ask the court to award you both damages for the past deprivation of the full enjoyment of your property and an injunction prohibiting further interference with such enjoyment. If they then violate the injunction, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

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