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Neighbor filed false complaint with Management

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jcw000

Junior Member
What is the name of your state (only U.S. law)? Florida

About 2 weeks ago, somewhere between the hours of 11:00PM and 12:00AM, my girlfriend and I went to bed in our bedroom, which shares a wall with our neighbors. We had just gotten into bed and were sharing a laugh about something that had happened during the day as we were preparing to go to sleep. We weren't yelling, we weren't making a lot of noise, just laughing. Suddenly, we heard someone scream "Pipe Down!", and we paused, trying to figure out who was yelling and who they were yelling at, not even suspecting that anyone would be yelling at us for laughing out loud for a few seconds in our own bed as we were preparing to go to sleep. While we know that the walls are thin (we hear the neighbors all the time), surely nobody would have been upset by a couple laughing for a few seconds??? We assumed that someone must be yelling at our upstairs neighbors who always seem to be hammering on something all all hours or leaving their dog barking all day. We heard the yelling again and realized that it seemed to be directed at us, so I yelled "You Pipe Down!" back at the person as he was the one screaming and causing a disturbance. He then yelled "I'll just report you to management! Hah!" And that was the end of it. I don't even know who this person is other than the fact that we share a wall. To this day, I have no idea who this neighbor is as I have never personally seen him, I've only heard him and a child (or children) through the wall.

My girlfriend and I were really angry about the situation because we don't bother anyone and the neighbor's outburst was unwarranted. It felt like a complete invasion of our privacy, and was upset, that with all the money we pay and as respectful as we are to other tenants, that we couldn't even lay in bed and talk before going to sleep without worrying about a neighbor yelling. But, we decided to leave it alone, figuring that the neighbor had just had a bad day, and we are not the type of people to be confrontational. We never had another issue and had really just dropped it.

I arrived home tonight and found a Notice:

Seven-Day Notice of Noncompliance With Opportunity to Cure (hereafter referred to as the "Notice"). In this notice, you have stated the following:

"You are hereby notified that you have violated Florida Law and / or Lease Agreement for the above premises. You have violated Section 83.56(b), Florida Statutes, in the following way:

D. Improper Conduct. Resident Parties shall not engage in unlawful, improper, unreasonable or prohibited behavior, all of which shall be a breach of this Lease, including the following: (iv) Loud, disorderly, or unlawful conduct, harassment, or nuisances; (v) Disturbing, infringing upon, adversely affecting or threatening the rights, comfort, health, safety, property or convenience of others in near Community; (vii) Engaging in or threatening violence."

This Notice gives us Seven days to Cure and any further "violation" gives management the ability to evict us without opportunity to cure, and force us to pay legal cost associated with the eviction. While not noted, I can't imagine I would see any of my security deposit again either.

Until now, I have been a tenant in good standing. I am a respectful resident. I live only with my girlfriend. We have no children. We have no animals. Since moving into this unit on June 1, 2008, we have not had a single person in the apartment other than Maintenance and Pest Control. We do not have guests. We do not have parties. We do not play loud music. We do not stay up all night. We both work long hours. I work Monday to Friday, 8am-8pm or later. My girlfriend works 5 days a week, often until 9pm. We don't go out at night. We don't know any of our neighbors, though we hear them all from time to time (some more than others).

What can we do to address the situation and protect ourselves? Do we now have to live in fear of the neighbor? I am livid about the situation but I am now afraid of seeing the neighbor, for fear of a perceived dirty look causing them to file another complaint. What is my protection against the neighbor? I feel completely violated by the neighbor and by his actions.

Please help.
 


same here

similar things happened to me. My neighbor complained that my children and I were extremely noisy over the weekend and the radio was blasting. The funny thing about it was, i happened to be out of town that weekend and i also dont have a radio or cd player. It wasnt the first time he has complained like this but once he got caught lying it all ended. Even though it took almost a year before they realized he was lying.


Another thing that helped me out also was I had to call the police on him one time and threatened to get a lawyer and that also made him back off
 

Gail in Georgia

Senior Member
Move the bed to the other side of the room.

These complaints about noise aren't unusual when folks live in duplex/apartment living arrangements. Someone walks across a floor that squeaks; folks living below complain. My mother-in-law used to complain about a retired teacher that lived above her and seemed to enjoy running the vacuum at 4 in the morning.

Your landlord was only answering a complaint from another tenant which requires that they send you a "warning" like this.

It's part of the pain of living in a complex where your neighbors are above, below or share a wall with you. Don't make it more than it is by thinking the neighbors are out to "get" you.

Gail
 

jcw000

Junior Member
My bed is on the other side of the room. Should I no longer use my bedroom? Next time I get no cure period, just a straight eviction. What's my recourse? Should I file a complaint against the neighbors? After all, they were shouting and causing a disturbance, not us.
 

jcw000

Junior Member
I should also mention that this is not a situation where someone just had to call to lodge a complaint; thy physically had to go to the management office and file a formal complaint...all for a couple laughing for a few seconds in the privacy of their own bedroom. And, if you look at the Notice I posted, the complaint alleges:

iv) Loud, disorderly, or unlawful conduct, harassment, or nuisances; (v) Disturbing, infringing upon, adversely affecting or threatening the rights, comfort, health, safety, property or convenience of others in near Community; (vii) Engaging in or threatening violence."

Again, for laughing. Engaging or threatening violence? Huh?
 

FarmerJ

Senior Member
Next time you get a complaint like this again you could respond to your LL that you do not agree with the complaint and ask for a copy of the police report ! send your reply in writting sent via confirmed mail delivery at the least. BTW you can be asked to leave again BUT if your LL does not file for a court hearing to prove to the court you have broke the lease you do not have to just move because the LL claims that you have broken a lease . THE LL will have to prove it. You can count on one thing for sure if the LL gets more complaints even with out a police report to back it up the LL might refuse to renew the lease with you.
 

jcw000

Junior Member
There was no police report, just a complaint filed with the Management Office, which to thus far I have not been able to see. Really, I can only speculate as to what may have been in the report. However, given that that the notice alleges either violence or threat thereof, I can only imagine what false accusations must have been made. As far as renewing, I don't really care, I just don't want to face eviction or associated court costs because of a bogus claim. Really, what is there to protect me from my neighbor? Do I need to file a complaint about them?
 

FarmerJ

Senior Member
Your neighbor can complain all they want, they could tell the LL that aliens from remulak landed during the night and it was your fault. BUT if the LL attempts to use the courts to evict for reasons other than non payment or property damage that they can prove a tenant is responsible then they need solid proof to back them up.
 

Gail in Georgia

Senior Member
This is likely only a fairly standard "slap on the wrist" type of letter issued from a complaint from one tenant about another. The complaint does not only cover "violence or threat"; it also includes "loud" behavior which is what the laughing would imply.

You're reading far too much into this. A neighbor complained that your laughter kept them awake that night. Management responded with this notice.

For what earthly purpose would you file a complaint against them? Because they filed a complaint against you? Is this one incident going to escalate from the minor to the absurd?

Just realize that your feelings were a bit hurt when you received these; you see yourself as a good tenant, paying your rent on time and keeping to yourselves. And you likely are great tenants.

As Farmer has pointed out, if this were to increase to the "Vacate" stage, your landlord would have to show proof in court that there was justification for terminating the lease based on excessive noise that seriously disturbed the peace of other tenants.

Gail
 

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