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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102506
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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What is my rights living as a tent in a apartment complex? I

Customer Question

What is my rights living as a tent in a apartment complex? I believe I'm being harassed by the leasing agent!
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.

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 hear about that. Please explain the harassment (i.e. what is happening, etc)?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
I am living here in here for a month. Since the beginning the lease agent knew I had children and he still gave me the appointment on top of his office. So you know that children don't stay still they were playing around the living room floor. He came up and tell me how to control those kids because they sounded like animals and if I wanted them to be running to take them outside. and the second one he gave me a seven day noticed mine you I gave me a warning first he send it through the mail because I was listening to music in my apartment my so-called home. in the letter it said if I did not listen to that 7noticed that he was a terminate my lease by having music.. he said that supposedly he I was Disturbing the other tenants.. when I can really hear the music in my own apartment. You just come and knocking and knocking on my door I keep calling my husband for the littlest things ever.. and I'm overstressed and myself feel like a prisoner in my own home because my kids and I can't do nothing
Expert:  Ely replied 10 months ago.
Thank you.
It is not illegal to give a tenant an apartment on a high floor even if the tenant has children. So this is not an issue.
Second, while him reprimanding you over the children's behavior was likely mean spirited, it was not illegal.
Third, since you are a month to month tenant, they CAN end the lease with notice. However, this is where the issue becomes nuanced:
1) If they allege no violation, they can end the lease with 60 days notice per Delaware Code Title25, Secs. 5502.
2) However, if they allege a violation of the lease, they can give a 7 day notice. So he is alleging that your music was a breach of the lease (nuisance to other tenants, perhaps?). If so, then someone in your situation can argue that there was no such breach and the music was within respectable levels. If the Court agrees, then this would buy you a little more time but again, since you are on a month to month, they can give you 60 days then and not even need a reason.
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Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!