Exploring Social Security Cases and Outcomes

How To Avoid An Eviction For Disturbing A Neighbor

by Marie Caldwell

Non-payment of rent is the most common reason that tenants are evicted from their apartments. However, there are several other reasons for an eviction that may leave you scratching your head and wondering if the eviction is legitimate, such as the accusation that you are disrupting other tenants. If you are being evicted on these grounds, you'll want to speak with an eviction attorney.

The Proper Eviction Procedure

To evict a tenant for disrupting other tenants, the landlord must present a "Notice to Quit." This notice must clearly state the offending behavior and order the tenant to stop engaging in such behavior. A common circumstance is when a tenant is playing music that is too loud. Failure of the tenant to change the behavior can lead to an eviction. If you are not presented with the notice or if there was no way you could have seen it, you may be able to avoid an eviction until proper notice is served.

The Importance of an Eviction Attorney

Each state has its own rules regarding the eviction procedure. If your landlord fails to follow these rules, an eviction attorney based in your state will be able to identify this fact quickly. If the proper procedure isn't followed, you will have temporary relief because the landlord will need to start the process over again. 

Canceling or Voiding the Notice

In some states, if you change the offending behavior within a certain time frame, the notice will become void. However, the landlord might continue to claim that you're engaging in offending behavior. Then, he would need to take your case to a board, and the board would need to determine whether you were given enough advanced notice and whether your behavior was severe enough to justify your eviction. 

Proving That You Aren't Causing a Disturbance

If you aren't causing a disturbance or the disturbance is not your fault, write a note to the landlord and keep a copy. For example, the offended neighbor might believe that the music is coming from your apartment when it is instead a nearby tenant. The landlord might accept your explanation. If not, you can at least provide a copy of the note to the board, and this might influence their decision. Before writing the note, make sure to have it reviewed by an eviction attorney so you can make sure that the note will help your case.

To learn more, contact a resource like Ferrecchia Law.