Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

House up the street is rented to a family that is stealing

Customer Question
from everyone. They have been...
house up the street is rented to a family that is stealing from everyone. They have been caught twice the kids have been arrested both minors. parents have criminal record. They are under public housing so the landlord gets guaranteed money. They refuse to evict them. The kids and parent have threatened to do physical harm to the children around the neighborhood also.
The police have taken stolen property from one of my neighbors they stole from. The guy had the serial number for the AC they stole and had in their window.
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 3 minutes by:
8/1/2015
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,722
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

I am sorry to hear that the neighborhood is having to go through this with the tenants.

.

What is your legal question that I can assist with today?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
what is the legal avenue the landlord can take. If he does not act what can we as homeowners do?
kids have already been arrested for robbing a neighbors house
they have confiscated property they have stolen from another neighbors home. they had the serial number to the ac that they stole and had in their window.
they walk by your house and threaten to rob and due physical harm to our kids and us. That is done all around the neighbor hood.
The parent both have criminal records also
Customer reply replied 2 years ago
they also don't have any way of disposing of there garbage and where dumping it in the woods and behind a forclosed property. I asked the landlord to have them show proof of garbage removal either by a private company or the local dump. He did nothing. DEC police are investigating them for that also.
Lawyer: barristerinky, Attorney replied 2 years ago

If the landlord has a written lease contract with the tenants and it states that it gives them grounds to terminate and evict if they break the law, then this would give them the right to do so. Whether he chooses to or not is up to him.

.

The problem is that the contract is solely between the landlord and the tenants and doesn't involve the neighborhood. So if the tenants are causing problems, then the neighbor's main recourse is to call the police and file harassment charges against them constantly. If enough people continually call the police on the tenants, they will end up moving out because people like this don't like having the police come to their house constantly. With cell phones having video cameras on them, I would be videotaping the tenants and their children every time they approached me just to document the interaction for potential criminal charges.

.

One possible action that a neighbor could take would be to file suit against the landlord for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

.

So if the landlord is allowing a condition to remain (i.e. the tenants) that is causing a disturbance or interfering with someone using and enjoying their property, then they could sue them under private nuisance and seek an order from the judge to abate the nuisance (i.e. evict the tenants).

.

This would be an unusual use of the private nuisance doctrine, but I don't really see any other way to potentially force the landlord to evict them. If someone filed suit against him, he might just give in and evict them just to avoid having to be dragged into court and explain his actions to the judge..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
what if the landlord just ignores all the homeowners because he wants the money. Can we sue him for distress or for knowingly endangering our property children and adults. We are willing to provide police reports the police have been to the house no fewer than 12 times in the last two months.
The police wont release the police reports because they say they are under an active investigation. Meanwhile our kids are threatened our property is being stolen or damaged. We are latterly in fear of our lives my kids don't go up the street unless we are with them. I and our neighbors have canceled vacations bought security light, cameras and systems. Little kids cant even play outside unless a parent is with them.
Lawyer: barristerinky, Attorney replied 2 years ago

Unfortunately, other than suing him for private nuisance, there is not much else you can do. The landlord is not responsible for the criminal actions of his tenants as only the individual who commits the crime can be held accountable.

.

I agree that it is a lousy situation and it wouldn't surprise me if the landlord's property started suffering mysterious damages due to his foolhardy decision to rent to criminals and irritate the entire neighborhood. I was going to suggest getting a camera security system to monitor your property, but it sounds like you have already done that.

.

I had a similar situation in my neighborhood which got me to purchase and install a 4 camera security system on my house due to a tenant's criminal children breaking into cars and truck boxes looking for things to steal. Eventually they were caught and the problem went away. But I know it is frustrating to have to deal with them and let the law run its slow course..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
if the landlord is given proof of criminal activity ( police reports arrest record) and does nothing and one of them hurts or even kills a person on our street the landlord holds no accountability for letting them stay even after he had the legal documentation to evict them.
Lawyer: barristerinky, Attorney replied 2 years ago

Unfortunately, that is correct. A person is held criminally accountable for their own actions. The only way that a 3rd party can be held liable for another person's actions if if they were somehow an accomplice to those criminal actions.

.

So if you were a landlord and your tenant went out and punched a neighbor in the face, the neighbor can't' come sue you or file criminal charges on you because you had nothing to do with it.

.

Some foolish landlords get blinded by the money from the govt and overlook the fact that they are making everyone in the neighborhood hate them so when their property gets damaged, "nobody saw nothing".

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
our only course of action would be Civil action against the landlord. If we choose that route. We feel it goes beyond just a tenant doing something wrong like punching a person. We have provided ample documentation to the landlord the repetitive criminal and threating actions of his tenant and he reuses to do anything. They have already been convicted of one theft. Just was under a grand so no jail time. If they knowingly choose to let this danger persist in our neighborhood and to our homes and children then we feel that is a civil madder and we plan to sue.
Customer reply replied 2 years ago
matter oops
Lawyer: barristerinky, Attorney replied 2 years ago

At this point yes, a civil lawsuit for allowing a "private nuisance" to remain would be the only grounds I see to potentially get the landlord to do something to evict them...

.

I might mention one other thing... if you contacted a local attorney and had him send a "cease and desist" letter to the landlord basically threatening to sue for private nuisance and to hold him accountable for all legal costs of the matter, that might be enough to get him to change his tune. If he knows an attorney is involved, that could quickly eat up any money he was making on the property if he was sued, has to hire his own attorney to defend, and loses.. So just a letter might be enough to get him do decide enough is enough.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
thanks for your help have a nice weekend
Lawyer: barristerinky, Attorney replied 2 years ago

You are very welcome.. Glad to help any time..

.

And I hope that the landlord finally "gets it" and realizes that his short term actions are making long term negative repercussions in the neighborhood..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,722
38,722 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

38,722 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Renter of one side of a San Duplex. Notified months ago of a
Renter of one side of a San Jose Duplex. Notified months ago of a substantial rent increase effective 1/1/18. What are the rent control rules? I am month-to-month… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After ive been evicted what what responsibility does my
After ive been evicted what what responsibility does my landlord have with regards ***** ***** belongings… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I was denied a motion to stay in florida from an eviction -
i was denied a motion to stay in florida from an eviction - i called the clerk and they said that i did not file a legal reason enough to grant my request - … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I have lived in my rental duplex since Jan 15, this year. I
Hi. I have lived in my rental duplex since Jan 15, this year. I have a problem with fire ants showing up in my kitchen, dead and alive. Was treated thru Manager in June, but problem is worse in last t… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I live in an RV in a mobile home/rv park. Since the day I
I live in an RV in a mobile home/rv park. Since the day I moved in I was having electrical problems with the panel I plug into on the property I rent. I contacted housing authorities regarding this be… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my.parents own a house and my father said I have to pay
If my.parents own a house and my father said I have to pay the electric bill and I have a room in the house and I help with the yard do I have tenant rights can they just go in and out of my room as t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I am very concerned so I need a second opinion. I live in
Hi, I am very concerned so I need a second opinion. I live in California. I broke a glass window in my landlord's house that is illegal because it should be safety glass but it's not. The landlord kno… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a bedbug issue in my apartment. I am losing all my
Second opinion] I have a bedbug issue in my apartment. I am losing all my furniture and have two hospitalization with related issues to bedbug bites. Help!!!… read more
barristerinky
barristerinky
Attorney
38,722 satisfied customers
I did a six month lease on this house and two things: there
I did a six month lease on this house and two things: there are lots of stairs and its too hard on my fractured sacrum. My 36 yr old son with his two kids are now here and its a constant battle. I nee… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Its California based. Not that I'm aware of there is a new
not that I'm aware of there is a new landlord - it is rent stabilized I'm master tenant and have a subtenant on contract no lease though they cashed my rent for four years so tenant at will have in email communication subletting is ok but now new landlord and new management says no … read more
socrateaser
socrateaser
1,031 satisfied customers
My artist studio is being terminated by the landlord for
My artist studio is being terminated by the landlord for reuse of the space. The lease does not define what my rights are for losing the lease. What are my rights as a tenant? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I recently settled an unlawful detainer case with a
I recently settled an unlawful detainer case with a landlord. We agreed to a settlement amount, which I have already paid in full, and a move out date in exchange for the landlord to permanently seal … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
My fiancé and I are currently renting an apartment in
Second opinion] My fiancé and I are currently renting an apartment in Johnstown NY and have been living here in this apt for three yrs together.. previously I lived upstairs for eight yrs when I was s… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,685 satisfied customers
Im currently in at month to month Agreement. i gave my 15
im currently in at month to month Agreement . i gave my 15 days notice on the 21 to leave on the 6th. My landlord its stating i will have to pay a full months notice. Is this legal? … read more
barristerinky
barristerinky
Attorney
38,722 satisfied customers
My last question was deferred to another attorney. I haven't
My last question was deferred to another attorney. I haven't received an answer yet. Thank you, Carolyn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I've located the statute. Thank you. Wisconsin and no I'm
Wisconsin and no I'm trying to determine whether it's worth my time and effort, my son who is 26 in December and another gentleman from India in IT making a salary of $90k; son resided with me for two years, Rakshith just over twomonths … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
204 satisfied customers
My Association has sent me a violation letters that my
my Association has sent me a violation letters that my tenant committed past 5 years … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,272 satisfied customers
For ScottyMacESQ, Mother is the who signed the lease
For ScottyMacESQ, Mother is the who signed the lease agreement but I was using the building for my business. Can building owner lock the building for not being able to pay rents? If so, how do we get … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,685 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x