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I need some advice. Victoria. AVO. Not sure what's relevant,

Hello, I need some...

Hello, I need some advice

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

AVO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure what's relevant, but the person I have the AVO against is someone who uses neighbouring land and I am renting and thinking I will move as they are continuing to harrass us and I'm wondering if I can sue them civilally for moving costs and breaking the lease?

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Answered in 5 minutes by:
3/15/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,289
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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if you can identify a link to the cause, yes you can sue them on a civil basis

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Customer reply replied 4 months ago
Would a link of me having an AVO against them and them continuing to harass and now having to vary the AVO and today in response they have made a false report to RSPCA and they called landlord and made fraudulent claims be strong enough? I really don't want to live in this environment but have a 5 year lease signed.

understand.
you need to be able to show a loss or damage amount

you may be able to claim your costs of moving and lease break

what do you think ?

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Customer reply replied 4 months ago
I need to move first and then sue?

yes you will.

however, you may also have a claim against the landlord too for failing to provide quite enjoyment under the lease covenant

this may be good path to consider as well

would you like to consider this option ?

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Customer reply replied 4 months ago
Do you mean my landlord or do you mean theirs? As they are "agisting" animals on the property, they don't live there.

your landlord

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have I answered your important question today ?

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Customer reply replied 4 months ago
How is my landlord responsible? Interesting.

under your lease the landlord has an obligation to provide you quiet enjoyment of your tenure.

if the landlord knew there was trouble with the next door person that creates a link that may be able to build a claim on fr failure to provide the covenant under the lease

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Customer reply replied 4 months ago
I don't think they'd have any idea to be honest that a person using the property next to the one they purchased would do this....
Customer reply replied 4 months ago
Does the person (the woman I have the AVO against who uses the property) have different rights to the land if she's paying money to use it versus if she is not?

have you considered writing a formal complaint to the owner next door ?

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Customer reply replied 4 months ago
unfortunately I do not know who owns properties, she actually uses both on either side of me so I need to write to both.
I've asked my real estate agent to find out who they are so I can contact them. I was thinking I should engage a lawyer to do so. Or if I engage a lawyer would they be able to find out owners contact details as part of the service?

I recommend that you engage a lawyer to draft this document

have I answered your question today ?

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Customer reply replied 4 months ago
Thank you- I certainly will. Will I need to have contact details to engage the lawyer?

you are welcome
Your lawyer will be able to find those details for you

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 4 months ago
Fabulous- what sort of lawyer am I looking for?

your general local lawyer will be able to do this job for you

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,289
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you.

you are most welcome

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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