Who should go?

[itzmeshel]

I am facing a possible eviction due to false noise complaints that have been called in on my apartment for loud music. I am a single mother who does not have time for such. I am early to bed and early to rise. I have been awakened by security who was trying to verify the complaints, but lately no one is knocking and the apartment manager is coming after me. They went so far as to tell me the police have been called yet when I called the local department they stated no complaints had been filed on my residence. I feel highly harassed and wonder what recourse I have against the party making the false accusations and what I should do to prove to the apartment complex it is not me. They are suggesting I move, but say they do not have a like apartment to move me to. I do not feel I should move for something I am not guilty of. Any advise would prove helpful, especially if I can do something against the party making the allegations.

 

[Tracey]

Write the manager (certifed, return receipt), stating that you are tired of responding to false noise complaints & will consider any further "investigations" harrassment. Inform M that he is not to contact you regarding these complaints again until & unless he has actual proof that he himself has heard you being too noisy at inappropriate times, not just allegations from whoever has it out for you. Further inform M that you go to bed at _____, and any calls or knocking on your door after that time will result in you suing M for harrassment.

Then tell M that he is violating your statutory right to quiet enjoyment of your apt by harrassing you at all hours for noise you aren't making. Demand that M deal with whoever is making false complaints against you & caution them from sending security over to your apt after your bed time.

The OK residential landlord tenant act is in Title 41, sec 101-136. http://www.oscn.net/pinpoint4/oscn/minibar.asp?rscreen=/pinpoint4/applications/indexes/all.asp

M has a duty under sec. 127(6) not to allow your fellow tenants to engage in conduct that disturbs your right of quiet enjoyment, and filing multiple false noise allegations consitutes disturbing you.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.