Legal Question in Real Estate Law in Ohio

Tortuous Interference with Contract

I have owned my fee simple condo for almost 7 years. The adjoining unit is a rental property. Since he purchased the property three years ago, we've had nothing but problems with excessive noise, people parking in front of our mailbox so that our mail cannot be delivered, trespassing issues, ect and we have called the police on numerous occasions to help in resolving the issue at hand. The property owner feels that his only job is to collect a monthly paycheck and not to bother him with trivial issues. Now today, I got a letter from his lawyer threatening to sue me over Tortuous Interference with contract. What is that exactly? And what are my rights as a homeowner? I have had my home for sale since July 2006 and my realtor has made several complaints that she can't properly show my home to perspective buyers with the noise problem next door. Again what are my rights in this matter?


Asked on 1/13/07, 1:20 am

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: Tortuous Interference with Contract

Your Condo association must have provisions in the declaration and bylaws that deal with these issues. You need to enlist the help of the Board to enforce the rules made for the benefit of all the owners. The threats against you are groundless unless you improperly cause the tenant to leave.

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Answered on 1/13/07, 11:46 pm


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