Legal Question in Real Estate Law in Florida

being evicted because I complainted about my neighbor kids kicking my wall, jump

I have disability.Rental mo-mo.The landlord refuses to replace the oven,the landlord is attorney.Live with roaches,the apt walls is not properly constructed and I can hear my neighbor talk,walk,even squeeze.Lived here 8 mo.Been looking for another apt every mo Ilive here.My neighbor is an elder lady living in a 1 brm,there is another family who stays with her,they have 5/6 children.Pound,bang all day against wall,jump echo into my apartment.Asked her to detain her child(no reveal.)I don�t want to call the police.Ask landlord to send letter to stop childs from the jumping and pounding,the owner does nothing.I get termination.I want to take neighbor to small claims court for my evicted.Also want a refund from owner cause(oven).What evidence do I need to sue my neighbor,I have audio of nuisance noise.What legal steps to take,20 days left.No eviction notice yet.Letter to leave by Feb20,00.Very hard to find another apt now.Take another 2/3 mo to move.Meantime,don�t want to lose my possession or live in a shelter.If I call any legal agency to retaliate,this will make owner mad go by the law to evict.Thank you kindly


Asked on 2/01/00, 10:15 am

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: being evicted because I complainted about my neighbor kids kicking my wall,

The earlier answer you received is accurate. In any event, you have elected not to pursue remedies that are available to you because of you fear of retaliation. I feel the fear is not justified. After all what more is there after eviction.

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Answered on 2/03/00, 7:30 pm
Randall Reder Randall O. Reder, P.A.

Re: being evicted because I complainted about my neighbor kids kicking my wall,

If you do not have a lease agreement for a specific

and are paying on a monthly basis, you have a

month to month tenancy at will. The landlord can

terminate it at any time by giving you written notice

at least fifteen days before the end of the month.

You cannot sue the neighbors for the landlord's actions.

I strongly suggest you seek the advice of legal counsel ass

there may be other remedies or risks for you.

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Answered on 2/01/00, 8:03 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Evicted because complainted about conditions.

You should immediately have you apt. inspected by the local health dept. or housing authority. Then if your landlord tries to evict you, you can argue retalitory eviction and possibly stall any eviction for six months.

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Answered on 2/06/00, 4:11 pm


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