What can I do to get a problem tenant evicted?

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What can I do to get a problem tenant evicted?

I contacted the leasing office in writing and called police several times about a problem tenant and filed both a noise and harassment complaint against them. The tenant bangs on the ceiling and threatened me verbally because of the noise that comes from me walking around my apartment. I spoke to her and told her squeaky floorboards are out of my control and that she should consider that while living below someone in a downstairs apartment .The police and leasing office have spoken to her about it but she continues this behavior on a weekly basis and I am sick of it. I notified property management and the police about this tenant; I filed a noise and harassment complaint against them. I don’t know what else I can do.

Asked on May 3, 2011 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with an attorney who does landlord-tenant law. You may need to take legal action against your landlord or property manager to force them to then take action. The basis would be that you, as a tenant, have the right to "peaceful enjoyment" of your rental premises--to not be unreasonably disturbed. (This is often called the "covenant of quiet enjoyment.") This right is enforceable against the landlord; the landlord has to not merely him- or herself not disturb you, but also has to take action to stop those over whom the landlord has control or for whom the landlord has resonsibility, such as fellow or co-tenants, to not disturb you. Since the law permits evictions for disturbing the peace or disorderly conduct, it may be possible to force  the landlord to evict this etenant. It is wortwhile consulting with an attorney about the situation. Good luck.


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