Legal Question in Landlord & Tenant Law in Arizona

what kind of legal action can I take when my neighbor is constatntly yelling slamming doors and slamming people against the wall this keeps me up all night I have called the main office and have asked to send out courtisy patrol. I have also called the apartment complex office several times about the noise. Still nothing is being done. I have to get up at 3 am to go to work and I have been missing sleep and have been late to work because of all this. Even before all of that I tried talking to the neighbor a few times and that made no difference. Is there anything I can do about this?


Asked on 10/10/09, 10:56 am

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You can call the police and complain about disturbing the peace. You should record, if you can, sound samples of the noise he is making. You should also have a chronology showing dates and times that this behavior is taking place. If you can show that this has been going on for months and the severity of the noise, then you could demand that the landlord move you to another apartment or you can terminate the lease for their breach of the covenant of "quiet enjoyment" of your premises.

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Answered on 10/15/09, 12:00 pm
Jeanne Whitney Whitney Law Office

You have several options (a) talk with the manager at the complex to see why they haven't done anything and demand that they do so immediately or move you (at their expense) to a comparable apartment away from the noise, document any conversation with a follow up letter in the mail to the manager (b) ask the manager to allow you to break your lease and move to a new apartment and (c) do continue to call the police if the noise is loud, the suggestion of taping the noise is a good idea.

If the complex does not have legal counsel, they can contact me about their options.

Good Luck.

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Answered on 10/23/09, 12:59 pm


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