How do I get the name of a problem tenant, if management can’t give it to me?

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How do I get the name of a problem tenant, if management can’t give it to me?

For over the last 6 months, I’ve had problems with a noisy upstairs neighbor. I’ve complained to management 8 times. Management writes them a letter of warning. Police can never get there in time, and say they can’t do anything if they don’t hear it. I want to take my upstairs neighbor to small claims court, and submit a complaint of noise nuisance.

Asked on May 2, 2011 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First you may wish to take legal action against the property manager and/or landlord:

1) The landlord has an obligation to prevent other tenants from disturbing your right to peaceful enjoyment, in addition to landlord's own obligation to not disturb you. You could look to bring a legal action against your landlord, to force them to take action against this tenant.

2) In the process of doing the above, you will be able to use the legal tools of "discovery" to get that tenant's name, etc.--that is, if the landlord does not, at the time, voluntarily give it to you to cooperate.

Note that you might not be able to sue for nuisance in small claims; small claims courts are very limited in what they can or will hear.


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