Legal Question in Landlord & Tenant Law in Missouri

what's tenant on tenant harassment?

My question is...what is Tenant on Tenant harassment in the state of missouri? I live in a low income apartment complex, where some people recive help from the government, and rent is low because of this. (LHITC and/or HOME program)

I live above a person who has broken the lease in several ways, one being sexual noises 24/7 and having someone live with her who is not on the lease. She also recives NECAC. Which is also against NECAC guildlines to have anyone live with you and not tell NECAC about it. I have complained to the landlord for over 5 months now. And now the girl downstairs is threating to take me to court for Tenant To Tenant Harassment. I don't know what this is, nor have I even spoken a word to this girl. I have gone through all proper channels (as in complant forms given to me by the manager of the apartment complex). I don't see how this girl can get me for Tenant to Tenant Harassment if I have gone through proper channels. I also have proof of her breaking the lease on several occasions with my video camera. All of the recordings done legally. So I hope someone can point me in the right direction on Tenant To Tenant Harassment in Missouri.


Asked on 7/27/04, 10:47 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: what's tenant on tenant harassment?

Under Missouri law, harassment is defined as:

565.090. 1. A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he

(1) Communicates in writing or by telephone a threat to commit any felony; or

(2) Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or

(3) Makes a telephone call anonymously; or

(4) Makes repeated telephone calls.

2. Harassment is a class A misdemeanor.

It does not sound like you committed the criminal acts in question.

Your downstairs neighbor might still have a cause of action against you for invasion of privacy if you have been videotaping her activity in her apartment. This should stop. It is okay to take video in the public areas, but not inside her apartment (e.g., through a window).

If you have filed complaints, and you have a right to do that, there is no private cause of action against you that I know of. However, it probably is a good idea to simply ignore your neighbor downstairs from this point on. People who are backed into corners tend to be dangerous, and you don't want to find out how dangerous this woman might be. So to be practical, you might ought to just leave her alone.

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Answered on 7/28/04, 9:53 am


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