Whistle-blowing domestic violence leads to eviction?

[Janna]

I live in an apartment above a volatile family whose domestic altercations have been horrible. In a pretty perverse twist, the couple launched intimidating tactics against us, by both harrassing and making unsubstantiated noise complaints. Finally, I complained to our management via a 5-pg., carefully documented letter detailing the incidences of domestic altercation and harrassment against us.

Upshot? Management tells both households (in separate meetings) that we either move out, stay, or get thrown out if, after a 21/30 (21 days to resolve; 30 days to vacate), one of us levies a complaint against the other.

Finally, managment warns us not to phone police if we hear further domestic violence. They "reason" that, unless there is a police report incident whereby the abused is bloody or the abuser is arrested, such reports would be considered a form of reprisal or harrassment on our part.

The legality of this entire situation seems very, very dubious. We feel we are directly victimized, by both the abusive stuff and the management. Please, any input?

 

[capeso]

Janna,
Most states forbid landlords from evicting tenants for making complaints regarding their premises under wrongful eviction statutes. If your state has such a law [check with a local landlord/tenant attorney or in a law library state code books] then being evicted for making a complaint about noise may have merit if it is not done in reprisal. The theory being that in many states a tenant has a right to quiet enjoyment of their premises that is violated when noise interferes with livability. In such states the landlord has a duty to take steps to remedy the situation.
Hope this helps. It is hard to tell what will happen really until an actual eviction occurs. Good luck.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Janna:
I live in an apartment above a volatile family whose domestic altercations have been horrible. In a pretty perverse twist, the couple launched intimidating tactics against us, by both harrassing and making unsubstantiated noise complaints. Finally, I complained to our management via a 5-pg., carefully documented letter detailing the incidences of domestic altercation and harrassment against us.

Upshot? Management tells both households (in separate meetings) that we either move out, stay, or get thrown out if, after a 21/30 (21 days to resolve; 30 days to vacate), one of us levies a complaint against the other.

Finally, managment warns us not to phone police if we hear further domestic violence. They "reason" that, unless there is a police report incident whereby the abused is bloody or the abuser is arrested, such reports would be considered a form of reprisal or harrassment on our part.

The legality of this entire situation seems very, very dubious. We feel we are directly victimized, by both the abusive stuff and the management. Please, any input?<HR></BLOCKQUOTE>

 

[Arlene]

When two sets of tenants start accusing each other of misbehavior, it is sometimes very difficult for management to determine who is the culprit. Try to see it from their point of view, then come up with ways to convince them that you are in the right by persuasive evidence. Unbiased witnesses, other tenants in the building who also hear their fights, a tape recording of their noise which includes your radio or TV so there is a way to gage how loud the fighting is. Management has an obligation to investigate as they must provide all tenants with "quiet enjoyment". Their threat to evict you for complaining is probably illegal. I don't see any reason why you should not make a police report if you hear fighting. Try to enlist the aid of the police station's commanding officer, to see if they will respond quickly to your call. Usually "noise complaints" are low on the police's list and response time can be so slow that the fight is over before they get their. See if you have a tenants' rights agency in your area, and ask for further assistance.