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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33456
Experience:  30 years of real estate practice experience.
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Our apartment is managed by a real estate company. There has

Customer Question

Our apartment is managed by a real estate company. There has been several incidences that the police have been called because of the tenants that occupy the two apartments on the top floor. as a matter of fact there was a 25 man swat team that surrounded the house looking to see if the tenant in the back was hiding a fugitive. I don't believe that the owner is being told about these issues and I demanded to speak with him. the real estate company said he does not want to speak with the tenants and I have to work through them. I told them that I would hold back my rent until I can speak with the owner. What recourse do I have?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. Thank you for your patience as I review the question.
Expert:  Loren replied 11 months ago.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 11 months ago.
Unfortunately, this is not the sort of issue for which you can withhold rent. That right is reserved for repair issues affecting the habitability of the rented premises. If you withhold rent because the landlord will not meet with you, and insists you deal with the management company, you will expose yourself to the risk of eviction for nonpayment without any legal defense. In other words, it is perfectly legal for the landlord to allow the management company to act in their stead.
If the landlord or management company is breaching the lease then your remedy is to sue them in small claims court for the breach and seek money damages for not complying with the lease obligations. Do not withhold rent, as it will get you evicted and make it more difficult to rent future apartments.
Expert:  Loren replied 11 months ago.
If another tenant is creating disturbances you can also sue them directly for nuisance. That is a claim asserted against a neighbor whose activity interferes with your lawful enjoyment of your property.
Expert:  Loren replied 11 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 11 months ago.
Did you have further questions? Have I answered your question?
Expert:  Loren replied 11 months ago.

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Expert:  Loren replied 11 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.