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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36398
Experience:  Texas Attorney for 30 years dealing in real estate
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In short... I have a neighbor downstairs who is complaining

Customer Question

In short... I have a neighbor downstairs who is complaining constantly to our landlord about noise, when my family (my wife and four year old son) and i are not doing anything out of the ordinary (hardwood floors, area rugs in his room and living room, no loud music, etc. just my son being a four year old -- and he is asleep from about 9p to 7a daily). the landlord has given us a cease and desist letter and followed up with another letter asking us to stop. Talking to my neighbor has proven fruitless and I believe that there is no insulation between the ceiling and the floor. I also feel as if I am being railroaded towards an eviction. What recourse do I have to protect myself and my family?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.
Hi and welcome to JA. Ray here to help you today. All you can do here is to respond in writing and dispute these allegations. You have a right to use of the premises and that includes a child playing like children to.You can tell the landlord that you would contest any wrongful eviction because you have tried to the extent possible to be a good tenant.You can point out that the landlord here has not insulated the property and that he has contributed here or at least not tried to remediate the situation.Keep copies here of all your responses.I do not think a landlord can prevail in such an eviction.You have not had large , loud parties, you are a normal parent tenant with a child .You have paid your rent and tried overall to be a good tenant.The problem here is one any two tenants on a non- insulated property will have. He is trying to blame you for what really is a building defect and beyond your control.It is not realistic that you live like church mice.Some normal noise of a family is to be expected.I think a judge would see this. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 5 months ago.
Thanks again if you can positive rate when we are done it is always much appreciated.

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