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    Lynxs1's Avatar
    Lynxs1 Posts: 3, Reputation: 1
    New Member
     
    #1

    Oct 19, 2006, 10:51 PM
    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?
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
    Expert
     
    #2

    Oct 20, 2006, 02:12 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Oct 20, 2006, 06:27 AM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Oct 20, 2006, 07:00 AM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Oct 20, 2006, 07:25 AM
    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.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #6

    Oct 20, 2006, 01:07 PM
    Remedy the breach(s)... write the landlord's attorney and ask for the specifics of the lease violations.

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