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What Constitutes Harassment From the Landlord?

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dharvell

Member
What is the name of your state (only U.S. law)? - Michigan (Ottawa County)

My family currently lives in an apartment complex - a nice place that is well maintained and earned the status of my favorite place I have ever called home. Until, that is, April 2012.

We are the type of family that loves keeping to ourselves and hates drama. Our children - all girls - are 13, 11, and 8 years old. Our 13 year old and 8 year old both suffer from Attention Deficit Hyperactivity Disorder and anxiety, although their conditions are well controlled using medicine. We have lived in this apartment complex since August 2009.

Since our move in, we have earned a reputation of being friendly people who adheres to the rules and pays the rent in a timely manner. At the end of 2011, the office hired 2 new workers to replace the 2 workers that had left. Since then, we have been bombarded with "rule violation" notices at the tune of at least one per month, sometimes multiple notices per month.

It started when we received a notice that "bicycles and scooters cannot be left outside, as they are an eyesore to the community". I interpreted that to mean that, when not in use, put them away. But, of course, bicycles and scooters are how children transport themselves around the community. My youngest daughter rode her bicycle to a friend's apartment to visit and left her bicycles near the entrance (out of the way, of course). We received a violation, because her bicycle was not stored properly, as she was visiting the friend. I asked the office if they expected her to store the bicycle in her pocket, but received no response (I believe they took my question as sarcastic and rhetorical, but I intended it to be a serious question).

In May 2012, we received another violation notice, citing my child was "hitting trees with a stick". I don't remember seeing anything against this in the lease, but apparently, it was a serious enough "violation" to warrant the warning and the threat of terminating our lease, if the action continued. I told my child to not do that, anymore. Interestingly, I witness the neighbor children hitting trees with sticks on a daily basis with nothing being said, to them.

On July 28, 2012, I had booked a wedding to photograph. My wife acts as my assistant, during photo shoots, so we asked the children's grandmother (my wife's mother) to babysit. While we were gone, the children asked their grandmother to take them to the community pool. While at the pool, an office worker rudely informed them that, since their grandmother is not on the lease, she is not welcome to the pool. They kicked them out of the pool area. Again, we witness babysitters and relatives taking that do not live in the community taking children to the pool on a regular basis, so why we were given the warning, I do not know.

Now, the latest "violation" occurred on July 30, 2012. The complaint is that children were outside, "playing loudly", and one had climbed on top of a U-Haul truck. The loud complain is simply ridiculous, as children will be children. But, the complaint about the U-Haul climber is what is key. My wife was outside, watching the children play. One of the neighbor children attempted to kick a soccer ball when his sandal flew from his food and landed on top of the U-Haul truck. The neighbor child attempted to reclaim his shoe, by climbing on the truck. My wife said nothing as, it was a neighbor child - not ours, not our responsibility. Simply because our children were outside, at the time, we received a "final warning - rule violation" notice. Simply because our children were outside at the time.

Our rent renewal is August 31, 2012. The office raised our rent over $103 for the renewal. Between the rate increase and what I consider harassment, we are forced to move. We cannot continue to live with the office micromanaging our children - even when they have nothing to do with the complaints. My question is, does this constitute harassment? If so, what can be done, if anything? Or, do landlords have the right to walk all over tenants, in situations such as this?

Thank you for reading and for your thoughts.
 


Gail in Georgia

Senior Member
It is unlikely that four notices since the end of 2011 (you do not indicate when the first one was received) would be considered harassment nor would two notices in one month likely be considered "multiple" notices. And quite frankly, you have no idea if the other tenants have been given notices when their children hit trees with sticks or babysitters/relatives take children to the pool.

But does it really matter? You've already made the decision to move at the end of this month. Focus on finding another place to rent that you and your family can be more comfortable with.

Gail
 

dharvell

Member
Assumptions Get One In Trouble

Yes, I do have an idea of whether others have received those notices, or not. I talked to the neighbors... and they haven't. And, so I didn't bore everybody to death, I only mentioned the most recent "notices". There have been a heck of a lot more than just 4. Try about 10 or 11 - I would have to look at the stack - since May of 2012. More before then, starting in December of 2011. And, it does matter. If this is considered harassment, I might just go after the apartment manager for moving expenses, since she is the reason for us moving, in the first place.
 

ecmst12

Senior Member
They want you to move. They COULD have just terminated your lease at the end of it with no reason, instead they just raised your rent and you chose to move. None of it is illegal. Move and find a better place to live.
 
Yes, I do have an idea of whether others have received those notices, or not. I talked to the neighbors... and they haven't.
So you went to your neighbors and said, "I saw your children hitting trees with sticks, did you receive a violation because of it?" I seriously doubt this. And even if they had received a violation because of it what makes you think they're under any obligation to answer your questions? Or that the landlord is under any obligation to disallow their kids from hitting trees with sticks just because the landlord doesn't like YOUR kids hitting trees with sticks?

If this is considered harassment, I might just go after the apartment manager for moving expenses, since she is the reason for us moving, in the first place.
It's not and even if it was you wouldn't be entitled to your moving expenses. You are moving because you didn't want to pay the increase in rent and you didn't like the living conditions of your community. Move. And move on.
 

Searchertwin

Senior Member
.
Our 13 year old and 8 year old both suffer from Attention Deficit Hyperactivity Disorder and anxiety, although their conditions are well controlled using medicine. We have lived in this apartment complex since August 2009.
Since our move in, we have earned a reputation of being friendly people who adheres to the rules and pays the rent in a timely manner.
So? Everyone has children, some with problems, lived in a place for years and have paid mortgages or rent in a timely manner. You are not special.

It started when we received a notice that "bicycles and scooters cannot be left outside, as they are an eyesore to the community".
It doesn't matter what you think it meant, it was a notice that clearly stated, cannot be left outside. What is hard to understand?
What your daughter should have done, was place bike inside the apartment, or in the corridor.

In May 2012, we received another violation notice, citing my child was "hitting trees with a stick".
Agree that is a little overboard, but we don't know how it was tearing the tree up. Many deep cuts can destroy a tree.

Interestingly, I witness the neighbor children hitting trees with sticks on a daily basis with nothing being said, to them.
That's when you should have took that notice and went to manager and ask why you received a notice and they didn't. If they have no answer, have them remove that notice from your file and to please refrain from giving any notices about your child hitting the tree.

since their grandmother is not on the lease, she is not welcome to the pool. They kicked them out of the pool area. Again, we witness babysitters and relatives taking that do not live in the community taking children to the pool on a regular basis, so why we were given the warning, I do not know.
Reason could be that these other babysitters, and relatives has sign permission slips (waiver from injuries) from their families that live there. All you had to do is ask.
The loud complain is simply ridiculous, as children will be children.
What you define as "children will be children" is different from what I define.

My wife said nothing as, it was a neighbor child - not ours, not our responsibility
.
What if that child fell? Still not your responsibility? Maybe not legally, but morally, how can you not at lest said something?

My question is, does this constitute harassment? No
Are you out of money? Did you lose your job? You said you have to move. That is your choice. They have not given you any cause to leave. They sent notices about certain things and you fail to obey, because children will be children.

Or, do landlords have the right to walk all over tenants, in situations such as this?
Just as much as you have the right to walk all over LL, yelling harassment, just wanting money. But wait, that's what LL doing to you, he raised the rent.


Seriously, if you feel that you are receiving to many notices, make an appointment with the LL and find out why. It might really be nothing.

But if you plan to leave, that would solve your problem.
 
Last edited:

mmmagique

Member
It sounds like for whatever reason, the new managers don't like you. I do think they have been unreasonable, but I really don't see any solution but to move. You *could* talk to the "parent company" of whoever owns your apartment complex, but frankly, I doubt they'd be able to save you from further scrutiny and bother.

Just chalk it up to "jerks will be jerks" and be glad your lease will soon be up.
 

MIRAKALES

Senior Member
The tenant should issue written notice direct to the property ownership regarding the multiple (10+) violations. Include in the notice the fact that the multiple violations and increased rent in the amount of one hundred three ($103) dollars appear to be the consequence of what the tenant defines as “harassment” on the part of the unsupervised new management team. Cite the fact that these issues were never a cause for action under the previous experienced management team, and the other tenants have not been subject to the same level of scrutiny. Respectfully request a written response within five (5) business days and provide and request a telephone number for further discussion.

For the record, the multiple (10+) violations seem to be excessive and irrelevant to any serious hazards within the overall community. The property ownership may not be aware of the actions of the management team. (Trustfully, the tenant has obtained photographs of similar non-cited violations.)

If the tenant desires to remain at the premises …
The tenant should take further action against both the property ownership and the management team in small claims court, if the property ownership does not acknowledge the inquiry within a reasonable amount of time. The tenant should sue in small claims court for any costs and financial inconveniences associated with the multiple (10+) violations, including the increase in rent beyond what has been considered normal or any potential moving expenses, if the tenant and property ownership is not able to come to terms.
 

Zigner

Senior Member, Non-Attorney
The tenant should issue written notice direct to the property ownership regarding the multiple (10+) violations. Include in the notice the fact that the multiple violations and increased rent in the amount of one hundred three ($103) dollars appear to be the consequence of what the tenant defines as “harassment” on the part of the unsupervised new management team. Cite the fact that these issues were never a cause for action under the previous experienced management team, and the other tenants have not been subject to the same level of scrutiny. Respectfully request a written response within five (5) business days and provide and request a telephone number for further discussion.

For the record, the multiple (10+) violations seem to be excessive and irrelevant to any serious hazards within the overall community. The property ownership may not be aware of the actions of the management team. (Trustfully, the tenant has obtained photographs of similar non-cited violations.)

If the tenant desires to remain at the premises …
The tenant should take further action against both the property ownership and the management team in small claims court, if the property ownership does not acknowledge the inquiry within a reasonable amount of time. The tenant should sue in small claims court for any costs and financial inconveniences associated with the multiple (10+) violations, including the increase in rent beyond what has been considered normal or any potential moving expenses, if the tenant and property ownership is not able to come to terms.
In a word...hogwash.
 

Hot Topic

Senior Member
If the OP has carefully read the previous posts, it should be obvious that the charge of harassment would not stand up in court.
 

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