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We are homeowners living next door to renters who make un-

Customer Question
Hello, we are homeowners...

Hello, we are homeowners living next door to renters who make un- acceptable noise at all hours. i have written the person we believe is the owner with no success

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

York city limits in pa

Lawyer's Assistant: Has any paperwork been filed?

Not yet we are exploring our options i called the police a week ago

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

I initially spoke to the wife next door and she agreed to keep the noise down and of course this has not continued

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
1/7/2018
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,654
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Have you contacted the police and filed a noise complaint when they are being loud?

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If so, how many times?

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Did you threaten the owner with a lawsuit if they don't take action?

.

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thanks

Barrister

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Customer reply replied 4 months ago
i called the police at 1:30 am last sunday and whilst on the phone they actually turned the music doen. when the police arrived the conversation they had with the neighbor lasted about one minute. i dont know what was said. since then the noise is horrible and at all hours
Customer reply replied 4 months ago
this type of conversation is ok for now. i may call later
Customer reply replied 4 months ago
i did write the owner with the name i got from the realtor that sold us this house. i received no answer thus far. and the noise continues unabated
Customer reply replied 4 months ago
if we need to we will see an actual lawyer. it will be worth it i suspect in the long run
Customer reply replied 4 months ago
are you still here barrister?
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Working on answer... just a few minutes please.. this isn't an instant process and I type long comprehensive answers..

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Customer reply replied 4 months ago
i do not wish to call at this time
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though if you can be patient for just a couple minutes..

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Ok, I would suggest that you try to get a copy of the incident report that would be filed by the police for your records.

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Then if they continue, keep calling police to get more reports filed. Once you have a couple, you can then send the landlord a written letter certified mail and first class mail stating that if they don't address the problem with the tenant, you will sue them for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So if they are being so loud as to disturb your use of your property, they are creating a private nuisance that the landlord is negligent in allowing to continue.

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You can also sue the tenant for private nuisance and I would suggest that if the police won't address this to put a stop to it, you get evidence of their actions via video recording or audio recording their actions and then sue both landlord and tenant for private nuisance in the local small claims court to get a judge to order them to cease and desist or face contempt of court and actual jail time...If you didn't want to jump right to court, you could have a local attorney send a cease and desist letter to both tenant and landlord threatening to sue them if this continues. Sometimes a scary letter from an attorney is enough to do the trick....thanksBarrister
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Customer reply replied 4 months ago
thank you so much i plan on proceeding as you suggested and we will await the final outcome
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Have a great, and hopefully quiet, afternoon!

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,654
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Experience: 17 years real estate, Realtor. Landlord 26 years

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