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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31394
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My sister has been harassed by her neighbor last 3

Customer Question

My sister has been harassed by her neighbor for the last 3 years. She is in a condo unit. She owns, her neighbor rents. The neighbor is constantly banging on her walls, calling the cops on her for noise when there is none, and it has recently escalated to her neighbor coming on to her property and destroying patio decorations, intentionally throwing up on her porch, and has now come to her keying her car... The cops have been called, but said since the video my sister has to show isn't clear enough, there was nothing they could do. The cops, condo HOA, and property management for the neighbor have all ignored the situation and shrugs it off the the two of them needing to handle it like adults and shake hands. I feel like it's gotten completely out of control and the neighbor is only going to continue to destroy her belongings and make her home life a living hell. Is there anything she can file against her neighbor? Anything she can do to get the cops to take her more seriously? Anything she can do to get the neighbor evicted from that condo? P
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
Your sister can file a lawsuit against the neighbor for a private nuisance, which is a claim against a person for interfering with one's ability to enjoy and use his/her property. Thus, your sister could sue over the things that the neighbor is doing and ask the court to order the neighbor to stop and also issue a permanent injunction against the neighbor to ensure that it doesn't continue - - - or if it does, your sister would be able to hold the neighbor in contempt of court and ask the judge to take action against her for violating the court order - - which could include a fine or even jail time.
Other than filing disturbing the peace criminal charges, this is the main avenue to get the neighbor to respect her privacy and stop any nuisance of the neighbor.
Customer: replied 1 year ago.
Is there anything she could threaten her HOA with for ignoring her complaints and asking for help in the matter? Something to get them to take her situation more seriously so that it doesnt need to go to the extent of suing her neighbor?
Expert:  Roger replied 1 year ago.
Her ability to complain to the HOA would somewhat depend on what the bylaws for the association say....For instance, if the bylaws say that warrants quiet enjoyment of your property, and if the HOA is not doing anything to make sure that to happens, then you could demand the HOA to take action in order for that warranty to be honored. However, if there is no such warranty out there, then it likely would require your sister going after the neighbor - - instead of the HOA.

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