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I live in a downstairs apartment. The girl above me is every…

I live in a...

I live in a downstairs apartment. The girl above me is every night going around her whole apartment stomping as loud as she can stomp. She is a very large heavy person. She is mad because our landlord asked her to keep her tv noise down, so she is every night stomping. The landlord told me to call the police. I did. He spoke to her but as soon as he left she began it again. I cannot sleep because of this and am at my wits end. The landlord seems unwilling to push for eviction. what can I do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Alabama

Lawyer's Assistant: Has any paperwork been filed?

Yes, I have sent letters to the landlord and police reports have been filed.

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

I have a handicapped parking space. She continues to park in it or the one next to mine and threatens us that if we dont have our cars in those spots, she will be in them.. On private property, the sheriff says they cannot give tickets for parking in handicap spaces. ???

Lawyer's Assistant: What confuses you?

How can one use and have available their handicap space when just anyone can park there.

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Answered in 1 hour by:
9/17/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,326
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 10 months ago
ok
Customer reply replied 10 months ago
How can I enforce my right to quiet living law with the landlord?

I am sorry to read about your difficulties.

Your Questions:

The landlord seems unwilling to push for eviction. what can I do?

Response 1: File lawsuit against the Landlord for breach of the lease/rental agreement for refusing to force the Tenant to respect your quiet enjoyment of the premises. So, the lawsuit would be violation of your quiet enjoyment of the premises against the Landlord for refusing to force the upstairs Tenant to comply with her terms of the lease: to be considerate of other Tenants and reduce noise in her apartment.

The lawsuit would be filed at your local Courthouse. You can obtain complaint forms at the Courthouse in the Clerk's office.

How can one use and have available their handicap space when just anyone can park there.

Response 2: You have to report this to the Landlord. Unfortunately, the Sheriff or the Police cannot enforce handicap parking rules on a private property.

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,326
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 10 months ago
Thank you.
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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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