What Part of the Law is this?

[Fooie]

What part of the law is this? And which forum can I ask a question in? Is it Landlord/tenate?

Downstairs nieghbor, harrasing upstairs nieghbor.

Harrasment such as screaming and blowing horns in the middle of the night (because of noises such as flushing a toilet nd using a microwave). And confronting the victim by name calling, cursing (not technically threats, but you know they are).

 

[jacksgal]

Have you discussed the problem with the Landlord?

 

[Fooie]

Yes, discussions with both the landlord and the downstairs tenate have not changed the situation.

I think the only options left are:

1. Try to get another space in the apartment complex.

2. Try to get the downstairs nieghbor evicted.

3. Try to get a restraining order of some kind.

So, my questions are:

1. Does the landlord have to allow you to move?

2. And how can you document events that are seem impossible to proove?

 

[jacksgal]

You first need to document the noise etc. Call Police each time it happens.

 

[mightymoose]

It is more of a civil issue between you and the neighbor, but keeping the landlord in the mix may help out (depending on the landlord). Make all your complaints to the landlord in writing and keep copies. ALso see if any other neighbors have the same problem and encourage them to complain as well.

If you are willing to move then that may be the easiest and fastest solution. Personally, I would not respond or acknowledge the neighbor's harassment in any way. The neighbor has been put on notice already so avoid further contact.

Should you end up in civil court over the neighbor issue, your documented history of what you have tried on your own to resolve the problem may help. You should also have a notebook documenting each occurrence. Talk with the police, or even better a lawyer, to find out what laws or local ordinances might be involved. Essentially you would sue in court over the nuisance of loud noise and the loss of peaceful enjoyment of your property. That wouldn't necessarily stop the noise, but could result in a financial penalty for the neighbor to pay, which is incentive for the neighbor to knock it off.

Have a look at your lease agreement for rules/regulations that the neighbor may be breaking, and also for any predetermined complaint procedure.

Honestly though, if you are willing to move, it would be the quickest and easiest solution.

 

[Fooie]

Thanks for the advice, I'm actually not the one with the problem. It's a friends apartment, I've been there overnight once and witnessed it once. We did not react, it was funny to hear the nieghbor scream like a maniac in the middle of the night (and she has little kids too down there) but thank god I don't have to put up with it everyday. I will urge my friend to move to a different part of the complex. I am just hoping she can move.

Thanks again

 

[Fooie]

This is all bad. My friend is too stubborn to move, and she is not a confrontive person either so I don't think she would do well in courts. Even if she is able to win in court and get the crazy neighbor fined, I feel the neighbor will be vindictive. I don't know if she is clinically mentally ill or just a spiteful bully. There is no telling what this person will do, from flattening car tires or attacking my friend, she is seriously nuts.

I am trying to get my friend to move, but in the meantime I am trying to figure out a way for her to at least get a restraining order because I do fear for my friends well-being.

 

[mightymoose]

There doesn't seem to be grounds for a restraining order.
Just continue to report the problem to the landlord and call the police if necessary, especially if the neighbor threatens to hurt someone (including herself), burn the place down, etc.

Anyway, if your friend doesn't find it important enough to seek a solution, then maybe the problem isn't as big as you think.