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


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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