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rezuom · Sep 16, 2007, 10:18 AM

Renting for 3 months, no lease. Landlords adult daughter[25] parties loudly downstairs on wkends, sometimes for days during week. Notified LL [at 2 am] past 2 wkends. The parties have gotten too out of hand, with her friends peeing on neighbors cars! I relocated here from west coast and do not have the money to move, but cannot subject my young child to this either, people are constantly running in & out with beer, partying outside, my stairs are blocked by trucks or cars... am so nervous and sleep deprived, am constantly in bad mood. My question is, can I sue these people or at least take them to small claims court? They are well-off, and have tons of beach property. At this point I want to go home... virginia beach,va:

J_9 · Sep 16, 2007, 10:28 AM

Have you contacted your local police when the parties get out of hand at that hour?

You need to follow a chain of command prior to filing any lawsuit.

You have notified the landlord and apparently nothing was done. Now time to contact the police as they are disturbing the police. If this fails after a few times you may have the right to file a lawsuit. But first of all you need to get all of your ducks in a row to prove disturbance. Police should be first on your agenda.

rockinmommy · Sep 16, 2007, 12:15 PM

I agree with J_9! Call the police! Each time they disturb you. Keep a written log. Send WRITTEN requests to the landlord that quote state law, etc. (See the first post in this forum for a copy of your state's landlord/tenant law.) Make sure you keep copies of everything. If you have a video camera and you see excessive behavior going on outside I'd record it.

At this point, as far as a law suit goes, I don't really know what damages you'd sue them for. It sounds like you could certainly collect enough evidence to prove that your "quiet enjoyment" of your home has been interrupted repeatedly and you could get out of your lease. (Well, if you're mo.-to-mo. You'd just have to give notice anyway.)I guess you could go after damages such as moving expenses. I'd think you'd do better by making plans to live elsewhere that trying to get these people to change. Seems like the landlord is favoring his/her daughter's rights over yours. I'd be worried that if the girl is that immature and inconsiderate she might retaliate in some way if you continue living there.

Good luck! Sounds miserable.
Karla in TX

rezuom · Sep 16, 2007, 11:33 PM

Originally Posted by J_9

Have you contacted your local police when the parties get out of hand at that hour?

You need to follow a chain of command prior to filing any lawsuit.

You have notified the landlord and apparently nothing was done. Now time to contact the police as they are disturbing the police. If this fails after a few times you may have the right to file a lawsuit. But first of all you need to get all of your ducks in a row to prove disturbance. Police should be first on your agenda.

Thanks

rezuom · Sep 17, 2007, 09:23 AM

I have no lease, but security dep was to the tune of 1200 bucks, just found out that previous tenant was screwed out of her dep, can't prove it though. Asked her to leave because of her barking dogs, but they rented it to her WITH the dogs. I am feeling that this goes on frequently, and they make big money off people. Can I tell them to keep dep in lew of rent for last month?

rockinmommy · Sep 17, 2007, 03:28 PM

Technically, no. See the first post in this forum for a link to your state's ll/tenant laws.

However, if they're sloppy enough to not use leases and have a habit of routinely keeping deposits, etc, chances are they probably won't do anything about it. I would have some written proof of this situation and your attempts to correct it before you bail. That way if they did attempt to take you to small claims you'd at least have some sort of defense/basis for counter-suit... something.

Karla