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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32938
Experience:  Began practicing law in 1992
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Harassment from upstairs neighbor over 5 mos caused me to have

Customer Question

harassment from upstairs neighbor over 5 mos caused me to have to complain to office and call police,, I ended up moving to get away from the situation but had to pay for moving fees and hassles of signing new lease and will have to pay 2000 to break early as it wil extend much longer than I had wanted to stay office gives lip service and took drastic measure to get action I have disability retired teacher
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 11 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Please be patient when waiting for a response. I may be looking something up, typing the response, or busy with something else and sometimes it takes a while to respond. Is there a specific question with which I could assist?
Customer: replied 11 months ago.
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Expert:  Dwayne B. replied 11 months ago.
What specific question did you have?
Customer: replied 11 months ago.
it is up above can I sue my landlord ie maa property management for harassment I have a disability and am a retired teacher
Expert:  Dwayne B. replied 11 months ago.
You can sue for what is called "constructive eviction". That's where the landlord does something or allows someone else to do something that makes it hard for you to live there. All of the damages you mention are recoverable in a lawsuit for constructive eviction. You can't really sue the manager for harassment since they didn't actually harass you.
Customer: replied 11 months ago.
thanks I actually had to stay in same complex but when I told them what was going on via letter threatening to sue due to denial of reasonable accommodation and lack of quiet enjoyment two teens were living there not on lease and making my life hell,, overnite fed ex I was offered an upstairs floor but still have to pay moving and early termination not to mention all the stress , for months it is documented that this was going on it took a police officer finally they would not answer the door,, my question is this ,, I had asked to not have to extend the lease , not only do I have ptsd from cancer during teaching years I now have to get additional therapy due to the damage this caused to aggravate ptsd I took apt to get away from this situation and avoid heartattack or worse,, do I sue him or apartment, , I know I am asking many questions in my explanation but this was hell I want to move to family but cannot afford to leave until lease is up I have asked to waive early fee of 2 mos they refuse,, that is my question do I have some route still even though I did move to an upstairs apartment and had to start a new lease , This will cost 2200 dollars I am on retirement disability am 61 and don't have that kind of money also a vet and get ssretirement disability for same , just do the best you can and sorry for rambling but I have not had much experience with this as I owned a home most of my life,, thanks
Expert:  Dwayne B. replied 11 months ago.
Mo problem about the "rambling" as you called it, it's fine to get things off of your chest and make sure you explain everything completely. You would have to sue the person making the noise. You could add the apartment manager, etc. in if you decide to sue the individual but your chances of recovering against them are low on the harassment issue. The constructive eviction I mentioned earlier allows you to recover any costs of the moving that you wouldn't normally have had to incur. I fyou had to pay extra deposits, moving men, etc. those are all recoverable.

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