Can you get a ceaseand desist or restraing order against a neighbor who harassesyour tenants?

We have a small rental house and the next door next neighbor harasses our tenants (i.e. not raking the leaves immediately, or the kitchen light is too bright and shines in her window). We have lost the last 2 tenants because she is constantly harassing them over petty issues.

Asked on December 8, 2010 under Real Estate Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since you may be directly impacted (monetarily) and as owner of the property, you might be able to obtain something against the neighbor but I am not sure if it would be a cause of action under "harassment" because she is not directly harassing you.  The cause of action may lie in something called a nuisance or even trespassing if she is deliberately causing items to come onto your property.  Speak to your local prosecutor's office about possible mediation programs or the availability of your local town agencies to get involved to eradicate this issue before you attempt to take direct legal action in a court of law by suing her.  Have you spoken to her to mitigate any issues? Perhaps a discussion with her would be appropriate.  If that fails, a lawyer may need to write a letter on your behalf and serve it to show her you mean business.


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