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Tenant peace disturbance and unjust eviction

Discussion in 'Commercial Landlord & Tenant Issues' started by Adam, Jul 10, 2012.

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  1. Adam

    Adam Law Topic Starter New Member

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    I live in a two story apartment complex on the top floor. The tenants below me are blaring music at 3, 4, 5 oclock in the morning and I am working and going to college full time both. I have called the police 3 times and they show up and tell them to turn it down. They do, for that night, then the same issue the next night. I have told the landlord and he says "you need to approach him and resolve things, if things can't be resolved... I'll evict you both to solve the issue." The tenant is threatening me for calling the police so approaching him is not an option and the manager is aware.
    This is a section of the lease that I feel has to do with the situation, word for word.
    "XVII. TERMINATION OF LEASE AGREEMENT AND EVICTION (7 CFR 3560.159): The process for termination of tenancy and eviction offers the tenant certain entitlements to continue occupancy. These entitlements are, but not limited to, the following and are in accordance with Rural Developments policies and procedures. The landlord may not terminate or refuse to renew any tenant lease, except upon material noncompliance with the lease, material noncompliance with the occupancy rules, or for other good cause. Any termination or refusal to renew may be grounded upon material noncompliance with the lease, non eligibility for tenancy, or action or conduct of the tenant which disrupts the livability of the project, adversely affects the health or safety of any person, or the right of any tenant to the quiet enjoyment of the leased premises and related project and it's facilities, or has an adverse financial affect on the project. EXPIRATION OF THE LEASE PERIOD IS NOT SUFFICIENT GROUNDS FOR EVICTION OF A TENANT.
    ....
    ...."
    Please, I need help and don't have any other options on places to live as nothing is available that is affordable for me right now in my situation.
     
  2. army judge

    army judge Super Moderator

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    This will not end well for you, if you push it. I suggest you prepare to move. Yes, you have no choice, but sometimes people don't care. Your landlord has told you he doesn't care. So, you'll eventually be evicted, or your lease not renewed. You either get earplugs and put up with the noise, or move. The remedy, in this case is as bad as the disease!


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  3. mightymoose

    mightymoose Moderator

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    Personally, I would put my complaint in writing to the landlord and would include the quoted portion of the lease.
    This really is something for the landlord to resolve. Are there any other tenants disturbed by the music? Speak with your neighbors and team up.
    Continue to call the police even if that is a temporary solution. Find out if there is a local ordinance regarding loud noise and see if the police will issue a citation.
    You can also ask them about making a formal criminal complaint for disturbing the peace, but that may not go far.
    Don't be bullied out of your home.
     

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