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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hi again, What if my renter moves out because of the unbearable

Resolved Question:

Hi again, What if my renter moves out because of the unbearable pool noise, she has threatened this before, could I bring a suit over loss of revenue if this did occur. The whole issue though is we can't sell our unit because of the noise.
thanks again!
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Ely replied 6 years ago.
Hello,

Are there pool rules that say to keep a minimum of noise which these people do not?
Customer: replied 6 years ago.
yes ,there are pool rules of that nature.
Expert:  Ely replied 6 years ago.
Thank you. Then "theoretically," you or the tenant can file suit against them for negligence. The four elements of negligence are (1) a legal duty owed by defendant to plaintiff, (2) breach of that duty by defendant, (3) an injury to plaintiff legally caused by defendant's breach, and (4) damages as a result of the injury. Paterson v. Deeb, 472 So. 2d 1210 - Fla: Dist. Court of Appeals, 1st Dist. 1985.

Now this is a long shot because you are saying that they owe you a duty arising from these rules, but it is worth a try.

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