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False noise accusations... facing eviction.

Discussion in 'Other Residential Landlord & Tenant Issues' started by mikehartl, Aug 3, 2009.

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  1. mikehartl

    mikehartl Law Topic Starter New Member

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    My roommates and I are now six months into our year-long lease.

    Within the first month of moving into the apartment, we threw a party. While it was not excessively loud, I'm sure it disturbed the neighbor below us, so we received a noise complaint. Fine... we deserved that one.

    We have since refrained from having people over, yet still receive noise complaints from what I believe to be the same neighbor. (She is below us, we are a corner apartment and there is a stairwell on the other side of our apartment, so she is the only neighbor we have.) My roommates wake at two or three in the morning to go to work, and therefore go to bed early. (Before quiet hours at 11). We have received several letters from our landlord stating that we were keeping our neighbors awake at night and knocking their pictures off their walls.

    These are absolutely false and ridiculous accusations being made against us. The apartment across the stairwell has parties often going until four in the morning, with people our age (21) running down the halls. I believe we may receive complaints by mistake that were intended for them, but despite informing the landlord that it isn't us making the noise we are still receiving letters.

    We just got back from a weeklong vacation in Florida, and our apartment was vacant seeing as how all three of us went on the trip. The day we get back we find ANOTHER letter stating that we are disturbing the neighbors and the next complaint will result in eviction. Also, our neighbor informed us that night that the police had come to her door and asked questions about us, like if she has had any problems with us, etc.

    At this point, all three of us want to move out as soon as possible. I feel that we are being harassed and falsely accused of noise. What really gets me is just last night the lady below us had a party where my roommate was woken up by someone pounding on the walls just under his bed, yet we are the ones receiving the complaints.

    I have already talked to the manager of our property and she again stated that if the noise doesn't stop, we will be evicted. She does not believe me that we are not in violation of the noise policy. I asked her if there was an option to get out of the lease early (at the six month mark) due to the fact there are so many problems, and she said absolutely not. I've figured the manager can not take us to court because there is no actual evidence it was us, just the neighbor's word. There have been no police at our apartment for a noise complaint or anything like that.

    Do I have any protection or rights as a renter against something like this? I would ultimately like to get out of the lease and move.
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    It's important to remember that a landlord/management cannot actually evict you. Only a court can do that.

    Depending on your states particular laws, a landlord/management will typically present you with a notice to quit (or something similarly titled) if they wish to begin the eviction process. This notice gives you a certain number of days to vacate the premises. If you don't then management must decide if it is worth it to take you to court for the formal eviction. They would have to prove that their request for an eviction is valid enough to be granted by the court.

    IF you leave now you will be breaking your lease; at the very least you will not get any security deposit back and may find yourself sued for rent owed on your lease until the unit can be rerented.

    As strange as it seems, if the landlord/management files for eviction THEY are terminating the lease. However, an actual eviction would go on your credit records and might make finding other places of live difficult.

    What you might consider doing is...nothing....until (and if) you get this notice to quit from management, then comply with this and move out before the deadline posted on the notice.

    I hope this makes sense...


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