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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29986
Experience:  Attorney
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I live with 3 tenants in a house where one saturday morning when I was sleeping, he bumped my room's door twice and started shouting in the kitchen against me to other tenants.It disturbed my sleep and I had to come out in uncomfortable position and I had to call landlord who lives upstairs.He was angry because I complained to my landlord about not to use my food stuff from refrigerator.I also observed his below activity.1. He comes into the kitchen in morning every day and remains on phone talking on speaker with his relatives. He also remain on video chat on speaker.2. He comes in night 11:30 PM and start cooking and eating in the Kitchen. This process keeps going until 12:30 AM. It disturbs my sleep.3. He uses my food stuff from refrigerator. Can I take pictures from refrigerator.4. Doesn't clean the mess in the kitchen. Can I take pictures of messy kitchen for future purpose.I have reported this to my landlord already via sending email 1 month ago, but the above disturbance didnt stop yet.Please suggest who should I talk, and how to handle this in best efficient and safe way.Thanks n Regards,


I'm Lucy, and I'd be happy to answer your questions today. I apologize for the delay, as I'm spending most of this holiday weekend offline.

There isn't any law that requires your roommate to be polite or considerate, I'm sorry to say. You can use your roommate's behavior to decide to serve a 30 day notice to vacate, but your landlord doesn't have any obligation - or any ability - to make them be a good roommate. Please believe me when I say I know exactly how frustrating this is. I have roommate stories that would make your hair stand on end. But it's ultimately up to the people living together to find a way to work it out, or to give notice and leave when the lease is up (or at any time, when you're month to month).

There is no law that prevents you from taking photographs of common areas, such as the fridge and kitchen.

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Customer: replied 10 months ago.
Thanks for your response, means I can take the picture when he creates mess in the kitchen. yes/no?Can I seek the rent refund from my landlord for point 2 above when he uses kitchen in the midnight and because of that I am not able to sleep in night, because this is removing my right of quite enjoyment.Can I seek clarification and go to the small claim court for him bumping to my room, as I am mentally disturbed and scared when he can bump again without stupid reasons.Can I

Yes, you can take pictures of anything in the kitchen.

Again, your landlord is not responsible for your roommate's behavior. The right of quiet enjoyment means that the landlord can't interfere with your right to live peacefully. If you wanted to sue anyone, it would have to be the roommate. You won't get a rent rebate because someone you're living with is loud. I'm sorry.

If he is intentionally waking you up because he knows you have mental problems and wants to make them worse, that's intentional infliction of emotional distress. You could sue for that. If he's just careless, I'm afraid you need to either show an agreement with rules of behavior that he's violating, or physical injury resulting from your sleeplessness, before he can be responsible.

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