Real Estate Law
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Do you have a written lease? If fo, does it say anything in it about "nuisance" or anything similar?
What you are going to want to do is in your Answer to the petition you were served tell the court "Defendant hereby asserts the affirmative defenses of Laches, Estoppel, and Waiver."
You also have to get your signature notarized on the Answer so it is what is known as a "verified pleading". Those are the defenses you use to indicate she has waited too long to pursue the matter. There is also an article at http://texaslawhelp.org/resource/affirmative-defenses-guide-information-and-examples and at http://www.gaddywells.com/AFFIRMATIVE_DEFENSES.html
These articles describe what the affirmative defenses are. The articles are directed at Texas but the information on what affirmative defenses mean applies everywhere.
I'm sorry, we aren't allowed to tell you what specific forms to use. I can tell you it will be an Answer and you will add the sentence I discussed above.
It coudl also be called a Defendant's Answer or a Defendant's Original Answer.
She is likely asserting just her owner's rights. Also, nuisance is a right almost anyone can assert, depending on how they assert the facts. It's similar to harassment and doesn't really require a ownership interest but it can.
Usually written leases have something in there that will cover this. However, you can certainly take the position that this isn't an "evictable cause of action".
She would then have to provide some basis in law for her actions.
No, there's no statute against texting. However, it is not a duty of hers to change her number or block you so you don't want to use that argument with the judge.
The burden of proof is on her to prove you did something wrong and it's unlikely she can do that based on your facts.
There is a California statute against "cyberstalking" and there is an article on it at this link: http://www.shouselaw.com/cyberstalking.html
Texting is one of the ways to violate that statute but as you can see it doesn't mean all texting is illegal.
Under the cyberstalking laws you can violate the laws and not live anywhere near her so you have to take that into consideration as well. However, if you haven't contacted her since Aug/September and she just recently filed I would think it is unlikely that the judge will evict you.
I understand your position and I wasn't saying you were stalking her, I was just reminding you that you have to take that law into account when you go to court. The claim that "I can not be a nuisance to her if we do not live in the same space" is incorrect and if that is your only defense you will lose.
However, yuo can win just by asserting that you were never notified it was bothering her, you stopped as soon as you were told, etc.
He is right to a point. The landlord could call other witnesses to prove that he is a nuisance of course. In this case, the landlord is going to claim that it is the connection between you by virtue of you being a tenant that is interfering with her quiet enjoyment of her own property. Nuisance does not require you live at the same place. Most nuisance suits are brought by landowners adjoining the other person's property and can be located a distance away. As I said, I don't think it will work, but it isn't as cut and dried as you might think.
SHe isn't likely to bring anyone as a witness under your facts and it isn't necessary since she doesn't, according to your facts so far, indicate you are harassing other people in the building.
It wouldn't be a nuisance to others.
If she never told you to stop texting her then that is a strong point for your case. Also, she isn't allowed to talk about the texts unless she actually has them. They are hearsay although the judge may let them in as a "statement against interest" or "admission by a party opponent". Be sure they don't say it's a "statement by a party opponent" because that's not a real way to get stuff into evidence. They will try and combine the two together to get there.
You can object to them based on them being incomplete if they don't show what she said abck to you. The judge will probably let them in but you never know, he might strike them.
Also, consider picking up the book on trial objections at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/
It is very inexpensive and lists the majority of the objections you need to learn, as well as the responses, for most trials.