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Hi again, What if my renter moves out because of the unbearable…

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Hi again, What if my...
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
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Answered in 1 minute by:
9/1/2011
Real Estate Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello,

Are there pool rules that say to keep a minimum of noise which these people do not?
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Customer reply replied 6 years ago
yes ,there are pool rules of that nature.
Real Estate Lawyer: Ely, Counselor at Law 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.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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