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I am 74 i live in a apt;for old people.i have cancer and i…

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I am 74 i...

I am 74 i live in a apt;for old people.i have cancer and i will die.the problem is that the people upstairs makes so much nosiey because they want me to move because i am white.they wont let me rest or sleep .the landlady wont do anything about it.and my neighbors do drugs too

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

Ohio

Lawyer's Assistant: Has anything been filed or reported?

Like what

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

I need help bad

Submitted: 4 months ago.Category: Legal
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Answered in 5 hours by:
12/4/2017
Lawyer: Michael Gonzalez,
 replied 4 months ago
Michael Gonzalez
Category: Legal
Satisfied Customers: 577
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I am sorry to read about your predicament.Normally a landlord is not responsible for the misdeeds of third parties, but if it was the landlord that placed those third parties in a position to disturb the tenant, then a cause of action for breach of contract arises. A covenant of quiet enjoyment exists in every residential rental agreement, whether it is so stated or not. If there is no covenant of quiet enjoyment, the court will construe the agreement (pretend) that there is one.A covenant of quiet enjoyment is breached when a landlord obstructs, interferes with, or takes away from the tenant in a substantial degree the beneficial use of the leasehold, Frankel v. Steman (1915),***** 197, 200. The interference with the tenant’s quiet enjoyment must be so substantial as to be tantamount to an eviction, actual or constructive. This means that a few loud noises now and again aren’t going to cut the mustard. The noise must be ongoing over a period of time and of such level and duration that no one could be expected to endure it. Where a landlord leased a building to one tenant for exclusive use as a boarding house, then built a two story garage next to the building cutting off light and air thereto, and the operators of the garage left its windows open night and day and the noises, fumes and smells emanating therefrom were of such a character as to cause customers to quit the boarding house and to render it unprofitable, there was a constructive eviction. Blaustein v. Pincus (1913), 47 Mont. 202, 131 P. 1064 as cited by Endress v. Equitable Life Assurance 1987 Ohio App. LEXIS 9433 (October 29, 1987) Cuyahoga App. No. 52958 unreported.The tenant asserting the noise problem will have the burden of proof if the matter ever goes to court. The tenant would do well to document the goings on as much as possible. That means certified mail letters to the landlord and the keeping of photocopies of those letters. That means summoning the police and obtaining the reports that they make. That means tape recording the noise and noting the time and date by voice on the tape. That means getting other tenants to complain in writing as well and getting copies of such writings. That means keeping a detailed log or diary of times and dates of the occurrences.As to the suspected drug use, in 1990, Ohio added provisions to the Landlord Tenant Law that require landlords to evict tenants when the landlord has information from a law enforcement officer, based on a legal search, that the tenant, the tenant's guest, or a member of the tenant's household is involved in drug activity in connection with the premises.In some municipalities, landlords may be held liable for repeated drug violations in their properties. Most nuisance laws will cite or ticket the landlord for failure of a tenant to comply, which can be grounds for an eviction.If possible consult a local attorney or legal services to protect your rights and interests.
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