What to do about another tenant harassing me and my landlordwho does nothing to stop it?
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What to do about another tenant harassing me and my landlordwho does nothing to stop it?
The lady downstairs curses at me, parks her car in the street blocking me in the shared driveway, parks in the street blocking me from getting into the driveway, curses at me as she listens to my conversations when I am outside on my patio, and now resorts to turning my hot water tank off. Bangs on the walls as I walk up or down my stairs. I have pictures and have documented these things.
Asked on November 11, 2011 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every residential lease, there is a "covenant of quiet enjoyment". This means that a tenant cannot be disturbed in the use and enjoyment of their premises. If your landlord permits such continued interference, you may be able to sue them for money damages, withhold rent until the disturbance is eliminated, and/or break your lease.
However, before you attempt any of these remedies, you must be certain of your specific legal rights. What you should do now is sit down and talk to an attorney that specializes in landlord/tenant cases. If money is an issue, contact a tenant's rights advocacy organization or, if income eligible, Legal Aid. Additionally, you can check to see if there is law school near you; they typically run free/low cost clinics handles these type cases.
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