Legal Question in Landlord & Tenant Law in Florida

I live in a condo and the management is Hispanic I'm African American. For a month I have been complaining to her in regards to my neighbors above me having a squeaky floor board that they constantly step on which results in a loud noise that's made constantly throughout all hours of the night (I have video proof of that) I've told her on numerous occasions and she constantly gives me the run around. Then they have 8 dogs living up there and they make noise when I brought this to her attention she says they watch her dog and allegedly their dogs just had puppies that's why. Well it's been longer than 8 weeks so what's the next move. My question is can I sue for negligence and discrimination? I just want sleep! My son, 11 years old, constantly says they wake him up because they're stomping and running around all hours of the night. She says it's because they're tall. No they're just inconsiderate. Can I have them evicted as well?!


Asked on 5/13/16, 12:49 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your fact pattern does not support any type of discrimination claim. Unless you have proof that the noise levels are in excess of some local ordinance, you are not going to be able to sue your neighbors for noise pollution. have you tried working it out with the neighbors. You don't have a right to evict them at all. If their disturbing you is a violation of their lease or the rules and regulations the landlord would be the one who has to enforce that obligation. You could potentially sue the landlord for failure to enforce the rules and regs. It is going to a costly and bitter right. it would be less expensive to move when your lease is up.

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Answered on 5/13/16, 9:32 am


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