What are my rights as a renter relevent to an eviction based on non-factual events involving a nosy neighbor and a special needs child?

Basically I was able to secure an apartment about 1.5 months ago. I am 23, work 3 jobs (literally 7 days a week) and I have a son with severe special needs. Upon moving in I have been harrassed by my neighbor. She sits outside smoking cigarettes and basically makes me feel uncomfortable. I have tried talking with her respectfully and have no success; meanwhile the office manager is unwilling to work with me. I have a great reputation and a respectable life. I am getting evicted in 30 days based on complaint by this neighbor and need to know my rights.

Asked on July 3, 2012 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, I presume the eviction is being based on a claim that you have discturbed the right to peaceful enjoyment of this other tenant. If so, that is a valid ground for eviction, BUT it must be shown that  you are engaging in behavior that would in fact disturb the peaceful enjoyment of their premises or rental unit of a reasonable person--i.e. it's not enough that you may have done something to annoy this person, if she's being unreasonable--and that you continued to do so after written notice and a chance to stop doing whatever it was. You can therefore try to defend yourself against the eviction action--you can only be evicted through the courts--by showing that you (and your son) have not in fact done anything which would so disturb a reasonable fellow tenant. You can try to do this yourself, but would be better off with legal assistance; if you can't afford an attorney, try contacting Legal Services. Good luck.


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