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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7441
Experience:  Just Answer consultant at Self employed
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I am wondering if there is anything I can do where four

Customer Question

I am wondering if there is anything I can do where four college kids have taken over my parking spot at the apartment where I live. I pay rent for this spot. Plus they make excessive noise until two and three in the morning.
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Oregon. Greystar is the owners of the apartment complex.
JA: Has anything been filed or reported?
Customer: I have filed two complaints with the managers, and verbally several times. My daughter actually took a picture of the car in my spot and took it in to the managers . all they do is send notices to the kids, which they ignore.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats all.
Submitted: 18 days ago.
Category: Legal
Expert:  legalgems replied 18 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 18 days ago.

I am sorry to hear that- both issues combined must be incredibly frustrating.

For the parking space, one can send a demand letter to the landlord (LL) requesting that the LL enforce the parking rules; if the LL refuses to do so, one can request a rebate for the value of the parking spot. This can be pursued in small claims. Please see:

http://courts.oregon.gov/Washington/Services/Civil/pages/small_claims.aspx

As for the noise,

The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.

While the LL is not responsible for third parties (ie neighbors off the complex) they are responsible for tenants - for example, by not warning (and then following up with a notice to vacate) the violating tenants, the LL is allowing the misconduct to continue, affecting other tenant's quiet use and enjoyment. That is considered a constructive eviction.

One may terminate the lease without penalty based on that but it is imperative to hire an attorney to ensure adequate grounds exist for that, and that sufficient evidence is obtained so should the LL sue the tenant for breach of the lease, the judge will understand it was actually constructive eviction.

For an example of constructive eviction please see here

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 18 days ago.
you have charged me twice for this service, You took out $47 dollars from my account, then took out another $36 Please reimburse me the 47 dollars. thank you
Customer: replied 18 days ago.
PLEASE do not charge me an additional 59 dollars
Expert:  legalgems replied 18 days ago.

I am an individual contributor so I can't access your account- however, I will forward this to the moderators and ask them to reimburse you the additional amount;

they are quite good at that so you should see it processed-I'm not sure of their hours on the weekend though. Let me forward this to them.

Expert:  legalgems replied 18 days ago.

I forwarded the request to the moderators;

I hope the above information has been useful.

Kindly rate 5 stars if you feel I have deserved it. Thanks!

Expert:  legalgems replied 17 days ago.

OK the moderators took care of that;

if you feel I have earned 5 stars, a rating would be most appreciated as that allows the site to credit my account for assisting you yesterday. Thank you!