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Question
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Oct 19, 2006, 09:51 PM
| | New Member | | Join Date: Oct 2006
Posts: 3
| | | accusation of downstairs tenant I am from Delaware County, PA and just began my 3rd month of a 12 month lease agreement, the property is for sale. The tenant downstairs has lived here for 9 years and for the past 4 - 6 weeks has been making ridiculous claims to the landlord about my "unreasonable" everyday lifestyles(excessive noise and profanities, not locking the front door, etc.. ). I just received an eviction warning from the landlord's lawyer giving me 5 days to remedy breaches that don't exsist.
Is there anyway to defend myself against a neighbor who is out of her mind? | | | | | | |
Answers
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Oct 20, 2006, 01:12 AM
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#2
| | Senior Relationship Expert
Join Date: Nov 2005 Location: Space Is The Place
Posts: 27,711
| Yes, move before your evicted. Tell the landlord straght up you cannot live with some who snoops and lies so you would rather go. find another place first. Give notice. |
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Oct 20, 2006, 05:27 AM
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#3
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 35,516
| Respond to the lawyer saying that you want an itemized list of the alleged "breaches" with proof of each one.
In the meantime I would look for someplace else to live, since I doubt if the neighbor is going to stop. You can threaten to sue the neighbor for slander or sue them for moving costs after you have moved. If you sue them, however, you have to prove the allegations are false. If they sue you, they have to prove the allegations are true. |
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Oct 20, 2006, 06:00 AM
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#4
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 14,125
| Hello Lynx:
As you are very aware, it's not the lawsuit that's troublesome, it's the THREAT of a lawsuit that's troublesome.
I agree with Scott. In addition to asking for proof (I would be more DEMANDING than ASKING in my tone), I would let them know that if they act upon ANY of the neighbors false accusations, YOU will file suit, and quite likely will be the new owner of the building..... Send it certified, return receipt requested. Mail it to the landlord with a copy to the lawyer. End with the tag line, "Act, at your peril".
It's all a matter of intimidation at this point. You might as well do some of your own intimidating. Meanwhile, you should look for new lodgings.
excon |
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Oct 20, 2006, 06:25 AM
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#5
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 35,516
| In thinking about this I suspect the landlord is afraid you will crimp his sale so he doesn't want to take a chance and just wants to get you out. Personally I don't think you should go on the attack as excon suggests. At least not yet. I just think that taking an antagnostic approach at this point burns your bridges. I would be firm but not threatening.
But bottom line is you are not welcome there. Whether by the landlord or the downstairs neighbor or both. So eventually you will have to (want to) move. Everything you do now is just to give you time to find another place. And maybe setup a suit to recover moving costs. |
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Oct 20, 2006, 12:07 PM
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#6
| | Senior Member
Join Date: Jul 2006 Location: VA
Posts: 553
| Remedy the breach(s)....write the landlord's attorney and ask for the specifics of the lease violations. |
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