We're being threatened/harrassed/discriminated against for a relative's audio system.
I'm wondering if we have a potential lawsuit against our landlord.
Here is the case.
My wife's brother has a loud radio system. When he comes to our complex it's usually to visit his friends and NOT to visit us. 99% of the time he's in the complex for somebody else.
Now our landlord has sent us three warning letters that pertain to our relative yes, but he does not live here and rarely stops to see us.
They're threatening us that if he plays his loud radio in the complex again that they will evict us. We've received three letters, but there are MANY loud radios in this complex. His just happens to be one of the loudest and draws the most attention.
So. Why are we responsible for her brother? How can they threaten to evict us for something we had no control over? How can they evict us because a relative that is mostly here to visit friends plays his radio loudly?
I feel they're singling us out for some reason. I feel threatened, discriminated against, and harrassed.
Is there a legal recourse we can take against the landlord?
If you require more details then please don't hesitate to ask.
Yes I understand that. But how can they threaten to evict us for something a family member that rarely visits us does? I mean, he has lots of friends in here so how can they threaten to evict us for something we had no control over?
I understand that they don't have to rent to us, but threatening over somebody that doesn't even live with us is another story. Isn't it??
Your brother is causing a disturbance and is there because you and others there invited him. What you should do is signal out the people he is visiting. Maybe it will deflect it to these other people. As a tenant you can be held responsible for the conduct of anyone you invite onto the property.
The complex can also ban him from entry and that would have been my first choice.
I would provide the management with a certified letter that the man is not your visitor, and to stop contacting you about it. That you have not violated the lease in any way, and If they feel like they have a strong case... to sue you.
They cant evict you without a court order to do so, and they wont get it if they cannot prove in some way he is your visitor.
Have you asked him to lower the music when he pulls in, because its causing problems for you?
Yes we've asked him and I think he's complied. But that also goes to show you that we honestly don't know if he's been here or not!! That's how often he stops here, never lol... So I honestly don't know.
We're contacting an attorney just to be certain tomorrow, but you guys are making it look bleak!!
I just don't think it's fair how we're the ones that are being held responsible for his actions. He used to hang out in here before we even moved in.
At this point I too agree LL likely will not renew your lease But at the same time LL may choose to not renew leases of those he visits. LL can choose to do this, BUT if LL sends you notice telling you to vacate the LL needs to be able to back it up , first thing LL will need is police reports , If LL doesnt have them court will take LLs filing less seriously for lack of SOLID evidence. So let LL threaten all they want BUT if you find a court summons served to you make sure you go to court . tell the court your not responsible for your brothers choices when he is visiting apts ( number) and that he is not a regular visitor and if the LL has video footage showing him entering your unit you would like to be able to view it. things like tenant damage to inside of a apt or non payment are easier to prove than noise complaints with out police reports.
I found out more disturbing information today. My wife told me that the complex manager stated that "Anytime we heard or hear a loud radio system we will and have assumed that it was your brother."
I'm pretty disturbed by this news. I'm going to record her admitting to stating that tomorrow and I do believe that's sufficient evidence of blatant ignorance.
I'll also be sure to inform them that I've recorded it once I do!
Please confirm if you are on a lease.
OK. you cannot record that unless they know, and if they know, then you might as well just get a written statement to that effect. And if you can get that, then thats best.
Then I suggest you send a confirmed letter again, that any communication must be in writing, and that you don't want to hear another thing about it, ((in that letter you can refer to the statement she made to your wife)) or you will bring them to court for disrupting your quiet enjoyment.
I think you should leave this place as soon as you can. (don't break lease before suing them for breach of lease, and you are given the OK by a judge. )
Like it was stated by Mr Farmer J. Unless they have solid proof that it is you causing the disruption (your visitor) they will most likely loose any suit they bring, then you can ask the judge to let you out of the lease at that time too. penalty less.
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