QUESTION
Can my neighbor continue to escalate this issue with cops and possibly the court system with no bases to her accusations?
Asked on Dec 22nd, 2012 on Landlord and Tenant Law - North Carolina
More details to this question:
My neighbor in the apartment cross is falsely accuses of disturbing her by 1. Banging on my wall facing her apartment. 2. Running in my apartment creating a load noise. 3.Spraying her door steps with something invisible that has a bad smell. When I asked for date and a time when the nose is created my neighbor provided me with dates and times which I am at work and my family was not in the country. Today my neighbor called the cops. The cops arrived and there was no noise from my apartment. The cops asked if I had any problems with my neighbor I reply with “No” and the cops left. These false accusations bother me a lot and I don’t know what to do regarding my neighbor harassment. Can my neighbor continue to escalate this issue with cops and possibly the court system with no bases to her accusations? How can I use the justice system to stop my neighbor’s harassment? Do I need a lawyer for this issue? Please advise. Thank you for taking the time to read this case. I hope to hear from you soon.
8 ANSWERS
You should complain to your landlord or property management company- Perhaps they can have a word with her. Otherwise, you might see about obtaining a personal protection order (PPO) to act as a "cease and desist" for harassment. Most people aren't that naturally mean... She is probably mentally ill, so try to have some compassion- It may help you to deal with the situation.
Answered on Jan 03rd, 2013 at 5:13 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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She can and you may want to consider contacting an attorney to discuss the possibilities of filing for a restraining order against your neighbor.
Answered on Dec 28th, 2012 at 3:49 PM
Yes, unfriendly neighbors can create a lot of trouble. Stopping such harassment is often difficult especially if the neighbor is mentally disturbed as she seems to be because the legal system is slow, expensive and cannot stop her from calling the police, who, sooner or later, may have to deal with her themselves. She will wear out her welcome with them.
Answered on Dec 28th, 2012 at 3:49 PM
You can seek a civil harassment restraining order. The forms are available on line or at the clerk's office.
Answered on Dec 28th, 2012 at 3:49 PM
The first step is to notify your landlord, in writing, of the issue with the neighbor. Your landlord has an obligation to take reasonable steps to ensure your quiet enjoyment of your unit so long as you are a tenant in his building. If the landlord does not take reasonable steps, you have the right to seek damages against your landlord. You can also seek a restraining order against your neighbor if you believe his conduct will continue. If you go into your nearby courthouse and ask for the documentation required to seek a restraining order, they can explain to you the process. If you still are having trouble, you may want to seek the advice of an attorney.
Answered on Dec 28th, 2012 at 3:48 PM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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The only way you would be able to get relief would be through the courts. The police do not get involved in neighbor-neighbor issues unless there is violence involved. Sounds like you would need to bring an action in court to get a civil restraining order based on harassment. And you would really need a lawyer to assist.
Answered on Dec 28th, 2012 at 12:07 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could ask the court to enter an order to prohibit her from filing false claims with the police and if she violates the order, she could be held in contempt. Yes you need an attorney.
Answered on Dec 28th, 2012 at 12:05 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Without evidence, the police and the court system will not do anything against you. Sometimes the best thing to do is just ignore her and perhaps ask the LL to move to another apartment. You should speak to an attorney if you want to bring action to get her to stop, but unless you can show damages such as lost wages or actual money lost, there is unlikely much you can do in Court yourself. Sometimes weird people are just weird.
Answered on Dec 27th, 2012 at 9:36 PM