• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

enjoyment of the home

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Leo.0516

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

In the past year My neighbor has done a few thing to inconvenience my life.

1. pounded on her floor above so hard she knocked the electricty off in my bedroom and could not be fixed for 2-3 days.

2. Left her thermostat off during the winter causing her pipe to freeze and leaking down to my unit. I was able to recover for the damages, but not my $500 deductible.

3. The same winter her thermostat once again was not set to atleast the recommended temperature and the pipe leaked again. I had to have the ceiling replaced and lost out on my $500 deductible.

4. The next day after event number three I left for my vacation that was planned for months, but could not enjoy it because of the damages that were done to my place.

5. Recently my neighbor was inconsiderate and making too much noise on the weekend for me to be able to enjoy my home. I had to call the police and tell them that I had already asked her to stop pounding so hard upstairs because it is very disruptive and causes electrical problems. The police came and asked her to stop.


Questions that I have:

1. if insurance is already trying to recover my deductible, but it doesn't seem likely can I take her to small claims for my deductible?

2. Can I go after her in small claims court for the amount of times that I have not been able to enjoy my home? if so how do I calculate the value of not being able to enjoy my home.

3. Any advice would be much appreciated.

4. i have documentation for the property damage and the police records for when I called the police.
 


racer72

Senior Member
1. You likely agreed to let your insurance company subrogate your claim, this means you are allowing them to collect for you. If you sued, won and collected, your insurance company will want the money to offset thier losses.

2. Small claims is for actual money losses only. If you can't put a value on such a thing, the court can't either.

3. Move. Or gather up a bunch of money, hire any attorney and sue the bad person in a higher court. Based on your post, there are more issues than your upstairs neighbor.

4. That's nice.
 

Zigner

Senior Member, Non-Attorney
I'm going to disagree with Racer on one point. You CAN sue for your deductible. That is your only out of pocket cost.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top