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I have a tenant who is harrassing me about noise complaint.

Customer Question
I have a tenant...

I have a tenant who is harrassing me about noise complaint

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No! I spoke to the landlord he speak to tenant wife i also had a talk to the tenants wife but the cops still came to the hous for noise complaint

Lawyer's Assistant: Where is the property located?

Customer:***** East Orange, NJ 07018

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

2 monts i live here I got about 4 text from him we render the situation but it is still continuing

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
5/28/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 2 months ago
I went to the police station to find out what i can do because the cops came to my house saying my son is playing video games twice around 4am and i did mention to the cops my son don" have video games
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry to hear about that. On one hand you could charge them with filing a false police report if your son doesn't have video games.

If the landlord can do something about this, then you could request that the landlord take action.

In your case, because they are calling the police, then this appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation. To help facilitate the situation, you may want to consider just writing a letter detailing the problems and demand that they rectify this situation or you will move off the property and not pay any rent thereafter as allowed by law. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 2 months ago
the tenant lives upstairs and i am downstairs when he gets ready he would be stompping his feet. walking with his shoes over your head , slamming the doors.
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry to hear about that. It sounds like a very difficult situation to be in. What other questions did you have for me today about that at all?

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Customer reply replied 2 months ago
the cops says if he keeps calling them they will issue me with a citation and i will have to go to court. so i was wondering if i can file a complaint about or get a lawyer involved
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see what you mean. There is some legal recourse, but you probably don't have to get a lawyer involved.

In this case, you may want to consider getting a restraining order. Getting a restraining order usually files a few important steps. The first thing you should do is either look online or to go to your local civil courthouse to find out what forms are required for the restraining order. Each county and each state requires different forms so I suggesting going to the courthouse to find out. The first floor where the clerk’s office is usually has all of the forms necessary. The forms eventually have to be submitted to a judge/magistrate who will either approve or deny the request.

What other questions did you have for me today about this?

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Customer reply replied 2 months ago
Thank you very much, this was helpful enjoyed your Memorial Day
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

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