Legal Question in Landlord & Tenant Law in Florida

I moved I to an apartment a few months ago. the landlord knew we had 2 children. 1 is 2 and the other is 6 months.

the neighbor under us complained that our kids are making to much noise. she even came up and told us that we need to take our youngest out of his walker and keep him from making noise. She has called our land lord several times.

First question is can we be evicted for our children making noise by walking and playing In the house.

Second question is does this count as harassment? if so is there anything I can do about it.


Asked on 6/04/15, 3:43 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Does not sound like a valid reason for eviction. Abnormal noise complaints could be. Noise at all hours of the day and night could be, but the landlord would have a high burden AND would have to give you notice to remedy it. I don't think that the complaints by the tenant below constitute harassment. NO legal action that can be taken. I suggest you speak with the tenant and landlord and work something out.

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Answered on 6/04/15, 3:52 pm
Lucreita Becude Lucreita D. Becude, P.A.

Sounds to me you have a busy body neighbor with no life. As long as the children are in bed by 10:00 at night - there is no noise pollution. Perhaps the landlord has another place you could move to?

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Answered on 6/05/15, 7:36 am


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