punk looser kid causing my family grief

[fivefivesix]

I have a neighbor, he is in his mid 20's and living with his mom, unemployed save marijuana sales. He is of the belief that he owns the two best parking spots on the city street. Well guess what, I park there. He has escalated to snooping around my windows at night in the bushes with a camera (caught on inferred surveillance camera), threatening my 23-month-old boy (he also thinks he owns the sidewalk that that my kid chalks on and the common grass my son plays on)

He is constantly making rude remarks, calling for fights, baiting me, yelling disparaging remarks about my wife, dumping dirty cat boxes under my kitchen window, and threatening to vandalize our cars. We have called the police 10 times in the last month, filed a T.R.O. and went to Maui for 8 days just to get away from him. We are seriously considering renting an apartment or selling our place and buying somewhere else as we can not continue to live with the harassment. We can never relax in our own home. It is tearing my family apart.

Can I sue the mom for damages caused by her tenant? IE: moving, selling, emotional distress / pain & suffering, closing costs on new home

 

[Michael Wechsler]

I am sorry to hear about your problem. Why not call the police and have him arrested for trespassing? I doubt you can sue the mother for damages because his actions have nothing to do with anything that would fall within the scope of what any landlord (and not coincidentally his mother) could control - even if you could make such a case.

 

[fivefivesix]

I am sorry to hear about your problem. Why not call the police and have him arrested for trespassing? I doubt you can sue the mother for damages because his actions have nothing to do with anything that would fall within the scope of what any landlord (and not coincidentally his mother) could control - even if you could make such a case.

Well we live in a town home. The young man is very intelligent and has done everything from common area. Fortunately for me he did not know the quality of night vision surveillance systems or he may have covered his face when he when to my window.

As far as suing mother, I am to understand that if she is knowingly providing lodging to a menace, she can be held liable for the damages caused by her tenant. Obviously, she can not control his actions, however, she can control whether or not he lives there and for that she is culpable. If she is knowingly housing a person who is known to her to cause ongoing damages to another party, that party should be entitled to damages. I think we need to consult a psychologist for help with the stress being caused by this young man. As I said in the original post, his actions are causing anxiety which is having the affect of tearing my family apart, loss of sleep and marital discord

I am considering sending her a certified letter informing her of this and the damages that her tenant is causing. I suspect that I should retain counsel for all my communications with the family. I am hesitant to spend family funds however I have a small war chest of around $20k without tapping in to securities. Obviously, this is our rainy day fund... but it is raining pretty hard right now


I have called the police several times, they suggested the T.R.O. they are unwilling to even write a report (though they can be convinced to) I always get the same response "we can't do anything if we do not see it happening, this is a civil matter"


thanks for the consideration of my issue

 

[fivefivesix]

I went to a "law fair" today with hundreds of lawyers, no one wants anything to do with neighbor problems... any idea where I can get representation?

 

[Michael Wechsler]

To begin, there are a number of states that have "peeping tom" laws, which are especially important in California (as in "Paparazzi") and other states where this can be a problem. There are also laws against stalking, which some of his actions may be. Regarding representation, don't blame the lawyers. I'm sure you can get it, the question is whether you would be willing to pay someone for their work? Don't get me wrong, I am COMPLETELY sympathetic to the problem. Did you file a police report regarding the surveillance?

 

[fivefivesix]

yes I fled a police report, I have about $5k for a retainer cash and another $15-20k fairly liquid for such a rainy day

 

[fivefivesix]

yes I fled a police report, I have about $5k for a retainer cash and another $15-20k fairly liquid for such a rainy day

Well the court date is tomorrow at 1:30pm. I rendered the "peeping tom" video, the videos of him harassing and threatening are much larger around 45 Meg and I am having trouble getting a good copy. I may have to segment them in to smaller 2 minute clips.. I do not know if this will cause the judge to question the authenticity. The frames are time stamped and will line up.

I am very apprehensive. This is a big deal for us. The last few days have been relatively peaceful for us and we want that to continue. (The first week of the TRO we spent in Maui)

Can I get any advice on how to conduct myself in the hearing? Should I buy a suit? Should I bring my 2 year old?

 

[fivefivesix]

well the restraining order was granted.. it was rathet pathetic. once the comissionre found in my favor he started whyning and crying like a 5 year old that wants a toy or candy. this went on for about 10 minutes. he kept interupting the bench and arguing with him. it is a little un nerving as it goes to show his mental state. I am conserned as he seem very unballanced. I am fairly certan that he wil be fileing a TRO aganst me today.

first thing this morning, the gas company showed up at my house. the were investigating a report that I was stealing gas.....I guess tomarrow I will get a knock from the electric company... then what?? knock knock knock.. mr 556 we have a report that you have been stealing sewage