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I'm curious about certain aspects of general law when it comes to two people who are renting. I know it can take a month or two to evict someone. What if, for example, you are a tenant, and another tenant is being evicted because he is being too loud. Despite the eviction proceedings he continues to blast loud music at night. What rights would you have? What if one tenant attacks or threatens another?
There are criminal laws against threatening people, and disturbing the peace. The police can take the same action they would if you lived in a house and your next-door neighbor blasted loud music or threatened you.
A word of caution: It's possible the police may view it as strictly a civil matter since it's all within one residence. I once had a bad time with one of the worst landlords in history, who broke some criminal laws in addition to violating numerous civil laws. The police were unwilling to get involved regarding the criminal issues. They said this was simply a landlord-tenant dispute and I should get a lawyer. It's important to keep in mind, though, that the town where this happened had one of those really bad police forces, the kind with a lot of corruption, and little interest by the police in doing much of anything to help citizens in need. Maybe your luck will be better where you live. In any case, the police are a place to start.
If money isn't too much of an object, you might want to talk with a lawyer about how best to handle this. Laws differ in each state, but with or without a lawyer's help one option may be for you to go to court and seek a restraining order against the other tenant. Again, laws vary, but it's very possilbe that if the other tenant has threatened you the judge could order him out of the apartment immediately, as the consequence of a restraining order requiring him to keep his distance from you.
Tough situation, and I hope the suggestions people make here can help. Best of luck.
I've not faced this myself, but I work in an condo (apartment building) and have seen much of it. I plan to move into an apartment building sometime soon and would like to be ready.
You assualt someone you go to jail. No matter what/where.
In my lease its automatic eviction if the police are summoned to the place.
If for just being loud. 3 warnings...then 30 days to officially get kicked out. Laws are you get 3 warnings and then a fine. After so many fines you get arrested. Not sure of the number on that one.
That's right. Laws pertain to everybody (except rich celebrities). If the police won't respond, get names and report them to their superiors. The landlord could try to put a TRO (Temporary Restraining Order) on the person, considering him a threat and making it impossible for him to enter the property, even though he lives there. I evicted a girl who's rich father came to terrorize the place in retaliation. I had to stand up to him, stare him down, and tell him I know everybody, and he is on my turf. One more word and I'll bury him under the jail. He left quietly.
When I first moved into an apartment, I was on the 3rd floor and I didn't have any furniture. I placed my alarm clock on the floor and it was set for 10:30a (I had 11am class). Anyway, apparently, it was louder downstairs than it was in my apartment, because one day, my downstairs neighbor storming up and pounded on my door. When I answered it (half asleep), he started beating the **** out of me. I had a broken nose and bloody face. I called the cops and they wouldn't do anything. I soon moved out of the place.
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