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Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 6715
Experience:  29 Years In General Practice,
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My neigbour from downstairs tell me that i make too much

Customer Question

hi my neigbour from downstairs tell me that i make too much noise and he want to bring this to the court, he tell me that he got neurosis can he earn from me something ? im living in los angeles california i live in a residence i smoke cannabis legally also, he talk about a small court or i dont know what exactly
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.
Welcome and thank you for your question. Are you living in an apartment building?
Customer: replied 1 year ago.
kind of its a residence
Expert:  Attorney2 replied 1 year ago.
Who is the owner of the residence? Are you both renting rooms? The reason I ask is because I am trying to ascertain if this is a rental.
Expert:  Attorney2 replied 1 year ago.
Small claims court is what he is referring to and the amount of money he could claim against you is limited. If you are not causing unreasonable noise I doubt any court will rule in his favor. You are permitted to enjoy the propety you live in. Is the noise excessive or occurring late at night or is the neighbor just sensitive?
Expert:  Attorney2 replied 1 year ago.
Are you still with me?
Customer: replied 1 year ago.
the two of them i think the neibour is sensitive we both rent an apartment, he said that its excessive and dont think so
Expert:  Attorney2 replied 1 year ago.
Ok so this is a rental situation. Who is the landlord. You are permitted to make some noise. There are actual laws on what is considered too loud or in legal terms a nuisance. If you are not disturbing anyone else it is very unlikely that this person will be successful in suing you for money. Have you discussed this with your landlord? This neighbor threatening lawsuits is harassing you.
Expert:  Attorney2 replied 1 year ago.
Have you talked to your landlord
Customer: replied 1 year ago.
he told me that other neibourg complain about smelling marijuana but im a legal smoker i smoke legally in california, by the way excuse my english im a french student
Expert:  Attorney2 replied 1 year ago.
No worries, I understand. Unfortunately a landlord can evict a tenant for smoking marijuana even though if they are doing so legally. The landlord is person that should be addressing any noise issues with you. The landlord is the only one that can evict you (have you legally removed from the premises). I don't know that I would about the neighbor suing you I would be more concerned in the landlord taking action against you. Had the landlord told you to stop making noise or stop smoking?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
but the neibour is very psycotic he turn crazy and he shoot at my door for nothing he tell me that the little noises made him crazy because of the accumulation and he get neurosis
Expert:  Attorney2 replied 1 year ago.
I understand and I feel the neighbor is harassing you. You can actually file a order against the neighbor for harassment. There are laws that do consider smoking of any kind to be a nuisance. If your landlord permits smoking you should not have any issues from the landlord. Again only the landlord can evict (remove you). If the neighbor shoots at the door I would contact the police and file a complaint against the neighbor. You are entitled to live in your rental unit in peace http://www.avvo.com/legal-guides/ugc/can-a-landlord-evict-a-tenant-for-smoking-pot
Expert:  Attorney2 replied 1 year ago.

If this man shot at your door and you have the legal right to smoke marijuana I would file a restraining order against the neighbor. You do not have to put up with abusive and threatening behavior.

Expert:  Attorney2 replied 1 year ago.

A landlord can ban smoking of any kind. If you are lawfully smoking marijuana and the landlord dos not have an issue with this there is no issue http://www.car.org/legal/miscellaneous-contacts/ca-re-magazine-legal-column/Sept2013/

On the other hand no matter what you are doing no one should shoot a your door.

"What Is Civil Harassment?

In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence.

The civil harassment laws say “harassment” is:

  • Unlawful violence, like assault or battery or stalking, OR
  • A credible (real) threat of violence, AND
  • The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it." http://www.courts.ca.gov/1044.htm

If you have any additional questions for me please do not hesitate to let me know. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA

Expert:  Attorney2 replied 1 year ago.
Are you still with me?
Customer: replied 1 year ago.
you think i need to sue him ? Even if he tell me that a psycologist tell him he got neurosis because of the noise ?
Expert:  Attorney2 replied 1 year ago.
I think you want to stop him from bothering you and suing you. Even if he is mentally ill he is dangerous if he shot your door. If he threatens you again you can tell him you are going file a police report against him and an order of protection. I don't want you to live in fear of him suing you. Clearly he is not mentally stable. He certainly did NOT get a ne
Expert:  Attorney2 replied 1 year ago.
He did not get a neurosis from your noise. He is clearly menta
Expert:  Attorney2 replied 1 year ago.
Mentally ill.
Expert:  Attorney2 replied 1 year ago.
This man is dangerous. If he threatens you again tell him you are going to file a restraining order against him. Maybe that will stop him from threatening you
Expert:  Attorney2 replied 1 year ago.
There is no reason you have to live in fear of being sued. I don't think a judge would take him seriously.
Expert:  Attorney2 replied 1 year ago.
long as you are not having any issues with the landlord you can legally stop this neighbor from threatening you.
Expert:  Attorney2 replied 1 year ago.
If he acts crazy again do not hesitate to call the police.
Expert:  Attorney2 replied 1 year ago.
I can also provide a link for a local attorney that provides free consultations if that would give you some peace of mind. Would you like a link? Can you please rate my service positively so I will receive credit for my work. If you do not see a rating system let me know if I have been helpful. Thank you
Expert:  Attorney2 replied 1 year ago.

Are you still there?

Expert:  Attorney2 replied 1 year ago.
Please ignore the premium services offer. Did you have any additional questions for me? Was the information I provided helpful?

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