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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33191
Experience:  15 years real estate, Realtor. Landlord 26 years
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I lived next door to a very violent neighbor. I caught his

Customer Question

I lived next door to a very violent neighbor. I caught his violence on video and called the sheriff. The deputies told be to get out immediately, and call the landlord and then get a restraining order. I did contact the landlord. Upon his request, I sent the video and never heard from him. I tried to get a restraining order but could not take all the hours off from work. I could not go home and had to live with relatives and in my office. I kept contacting the landlord who did not respond. Finally I went back in my unit, gathered all I could carry and essentially moved out. I would really like at least my deposit back. What should I do? According to the sheriffs, my life was in danger
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Here is the problem that you are going to run into.... the landlord is not legally responsible for the unlawful actions of the neighbor. His duty to you is to provide a habitable dwelling that meets all local code and housing ordinances, but that is about it. So your conflict with the neighbor wouldn't give you legal grounds to terminate your lease with the landlord..If you terminated the lease, the landlord can hold you legally responsible for any lost rent until he re-rents the property. But he would have a legal duty to mitigate his damages by trying to re-rent as quickly as possible..As for your deposit, since you are technically in breach of the contract, he can apply that towards any delinquent rent unless he re-rents it prior to it being exhausted..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy....thanksBarrister
Customer: replied 6 months ago.
Just so I'm understanding you, my neighbor can bang on the common walls and threaten to kill me, and I have to tolerate this behavior without intervention from the landlord? Why was I told by the sheriffs to contact the landlord? My lease agreement clearly states something about not having to tolerate threats to my life. I literally had to run out and grab what I could carry to survive. I have police report and videos

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