Legal Question in Real Estate Law in Pennsylvania
Harrassment by neighbors
My husband, our 2 kids and I moved into our apartment July 99.They set rules and told us things that we had to do,like park our car away from the garage so that they could walk past without having to go around.(which we have done)Many times they have thrown shoes at the ceiling to wake my 2yr old daughter, slammed doors trying to wake her and in general banged on walls, played with the garage door constantly along with turning their car alarm to disturb us plus had their tv turned up very loud so that we could hear it up in our apartment. We have not complained, due to not wanting to make trouble. They however, have complained to the landlord about us making noise and they say that my daughter, age 2 run's and makes noise. We therefore received a letter from our landlord stating that we are making too much noise. My daughter is in bed by 7:30pm and usually sleeps to about 7am. Unless they awake her in the night. The noise they make is usually from 8pm-1am and sometimes we here banging around 3am. We have 5 months left on the lease but we are fed up with this. We have wondered about eviction, how could we get him to evict us? What consequences would that hold?
2 Answers from Attorneys
Re: Harrassment by neighbors
You have a right to register complaints with your landlord about your neighbors' actions that are interfering with your living in the apartment. They do not have a right to make noise and harrass you as you describe. Go on record about their behavior by writing to the landlord each time and asking the landlord to correct this situation.
Be careful about trying to be evicted -- this will show up on your credit record and make it difficult for you to find an apartment or other home in the future.
However, if you can prove, under legal criteria, that you and your family are unable to live in the apartment because of the conditions created by your neighbor and tolerated by your landlord, you may have grounds for breaking the lease. Do not undertake this lightly, but seek the advice of an attorney who has experience with landlord-tenant law in your county. Your local bar association may be able to give you the names of such attorneys.
Re: Harrassment by neighbors
First give your landlord a notice that you intend to move when the lease is over. Most leases have notice provisions. Second, let your landlord know what is promting you to move. There is an implied warrenty of habitability that requires your landlord to provide a safe, quiet, and sanitary resicedence. These neighbors are under his control, so he has the responsibility of keeping them from bothering you. If he doen't then he is in breach of the lease.
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