Due we have a harassment charge?

[kczirjak]

We recently moved into a new apt. Just about every other night we get the police called on us for unfounded noise complaints. After the 2nd night in a row the officer resonded suggested we file a harassment suit. We talked to our property manager and they talked to the tenants below us and told them the cops would no longer come out for noise complaints, which they we told by the local PD. Less that a week later they called in and reported yelling/domestic violance into the police. My husband and a friend were the only two here, the police searched the apt upon learning there was a female living there as well. I work for the CHP so I called the Local pd and got the incident number and officer names for each instance... Do we have a case?

 

[Michael Wechsler]

We recently moved into a new apt. Just about every other night we get the police called on us for unfounded noise complaints. After the 2nd night in a row the officer resonded suggested we file a harassment suit. We talked to our property manager and they talked to the tenants below us and told them the cops would no longer come out for noise complaints, which they we told by the local PD. Less that a week later they called in and reported yelling/domestic violance into the police. My husband and a friend were the only two here, the police searched the apt upon learning there was a female living there as well. I work for the CHP so I called the Local pd and got the incident number and officer names for each instance... Do we have a case?

What are your damages in monetary amounts? Therein really lies the challenge. I don't think most small claims courts will take defamation cases but if you want to rattle the neighbors' casge a little it might be worth the $8 to file. They embarassed you with false police reports, police are now no longer responding to complaints from the complex and people think it's your fault, etc. I don't think you'll win much in court if anything other than a judge/arbitrator telling you to figure it out yourselves although the neighbors don't know that... you can dismiss the claim in case you have a reconciliation before the court date. Might be more harm than anything else.

Reporting their filing as a false report to the police may do the same. But the real person who should be handling this is the property manager. You may want to send him/them a certified letter regarding the fact that now the property has become insecure. The police will not take reports seriously and it puts you, and the rest of the tenants, in a precarious position due to this tenant filing false police reports.

Now here's the last question -- if the police won't respond to the complaints any more, isn't the problem essentially solved?

 

[Malibu_Barbie]

Now here's the last question -- if the police won't respond to the complaints any more, isn't the problem essentially solved?

Actually, I think what she meant was that the police said they wouldn't respond to anymore "noise complaints", as they came out again after they made that statement for a "domestic violence" complaint.

What I'd like to know is whether it's possible that your neighbors are hearing noises from someone else's apartment, and not yours. I realize this is a 3-month old post, but if you're still having problems, please let us know.