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I'm Being Evicted Due to the Noises My Upstairs Neighbors Have Been Making - I'm Planning on Suing the Property MGMT Company For Breach of Lease. Do I Have Legitimate Case?

submitted by Scyber to AskGoats 2 daysJun 1, 2025 17:01:42 ago (+9/-1)     (AskGoats)

Long story short, in mid-December my upstairs neighbors moved in to my apartment building. A young couple in their early 20s with a toddler.
Since they moved in, my life has become A LIVING HELL. Non-stop noise, running, stomping, shit being dropped on the floor every few minutes, crying, screaming. Plus they're ALWAYS HOME. They NEVER LEAVE. Even when it's nice outside.
They seem to follow me around my apartment - When I'm in the bathroom, so are they. When I'm in the shower they also decide to shower too (sucking the hot water from me). If I knock on the walls letting them know they're too loud then they STOMP on the floor and rattle my whole apartment and my nerves.
I've brought these issues up MULTIPLE times to the property management company and they always say "We're sorry you're having issues, we'll look into them..." and then nothing gets done.
Since December, other neighbors in the building have called the police on me more times than I have had serious contact with the cops within my whole life. I've had almost 20 police contacts since December due to these assholes who are using their child as an excuse for all the unnecessary and obnoxious noise they create. It got so bad that the few times I called the police on them, I was told by the property management company to not call the police on them over noise and instead call or email the mgmt company about it.
Well, in April I got into a serious altercation with the father. He spit on me and I punched him but his bitch got in the way of me giving him a proper beatdown.
I called the cops, filed a report and nothing happened. He should be in jail.
10 days later an eviction was filed on me, which was also 35 days before my lease expires.
I was never served a proper 5 or 14 day notice to "cure the problem or vacate" and it also seriously hindered my ability to find adequate housing since having an eviction on your record basically blacklists anyone from renting for at least 5 years.

I went to court on May 20th. I signed an agreement to move out by June 1st as long as my eviction is sealed from my record. I told my lawyer that 12 days wasn't enough time for me to move and he just said "Do what you can".
I spent the last 11 days looking for an apartment to move in by June 1st but nothing will be available until the 15th at the very earliest, plus the rental market has gone to complete shit in my area. Most apartments now have ZERO amenities - no heat, no water/sewer, no carpeting, no pets, etc etc. They're all basically boxes. Plus on top of it, landlords and property companies from out of state have been buying up properties for the past 5 years or so and conspiring to raise rents, price out and evict longtime residents and flood the market with transplants from their states. And the mayor and county executives are in on it too.

I don't know what to do other than file a lawsuit against this HORRIBLY run property company and am asking you all if I have a solid case to pursue a 6 figure lawsuit. I haven't talked to my lawyer about it because he's a jew and will more than likely try to convince me to not sue these assholes.
Thanks.


32 comments block


[ - ] MeyerLansky 6 points 1 dayJun 1, 2025 18:18:33 ago (+6/-0)

tl;dr

These are your legal options with an eviction:

https://expressevictions.com/wp-content/themes/expressnew/assets//images/flow.gif

This is a very good chart.

Your explanation is a wall of text that no judge is going to give two shits about.

You need to attack it procedurally, for starters, then call it a constructive eviction and sue for damages.

Key Legal Points to Consider:
Breach of Lease (Quiet Enjoyment):

Most leases include an implied "covenant of quiet enjoyment," meaning landlords must address disruptions that significantly interfere with your ability to live peacefully.

Documented complaints (emails, police reports) help show the property manager failed to act. However, courts often side with landlords if the noise is from normal living (e.g., children), unless it’s extreme (e.g., constant parties).

Eviction Process Issues:

You mention not receiving proper notice (5/14-day cure or vacate). This could make the eviction improper, depending on your state’s laws.

The agreement you signed in court likely supersedes this, but if the eviction was filed improperly, consult a lawyer about challenging it retroactively.

Retaliation Claim:

If the eviction was filed shortly after you reported issues or had a confrontation, some states allow claims for "retaliatory eviction." Check local laws.

Physical Altercation:

The spat with the neighbor complicates things. Violence (even in response to provocation) can justify eviction in many jurisdictions.

Practical Steps:
Document Everything: Gather all emails to management, police reports, lease terms, and the eviction notice.

Housing Crisis: If you can’t move by June 1, ask the court for an extension due to lack of housing (some judges are sympathetic).

Legal Aid: Reach out to local tenant rights organizations. They often provide free help for improper evictions.

Lawsuit Considerations:
6-Figure Claim? Unlikely unless you can prove:

Significant financial harm (e.g., homelessness, lost wages).

Clear negligence by management (e.g., ignoring verifiable lease violations by the neighbors).

Emotional distress claims are hard to win without medical proof.

Attorney Concerns: If you distrust your lawyer, seek a second opinion—but avoid dismissing counsel based on assumptions.

Consult a tenant rights attorney (many offer free consultations).

If suing, aim for realistic goals (e.g., sealing the eviction, recovering moving costs).

This is a tough situation, but prioritizing actionable steps will help more than escalating emotionally.



[ - ] prototype 3 points 1 dayJun 1, 2025 23:35:41 ago (+3/-0)

Not a lawyer, this is not legal advice, only an opinion

You need to attack it procedurally, for starters

MeyerLansky is exactly correct. He knows what he is talking about.

In addition, send all letters and documents CERTIFIED MAIL.
Number each page and include "of n", such as "1 of 3", "2 of 3", so none can be left out.
Have a notary sign a copy of each document you send.
Keep the copy for yourself.
Keep both the notary proof, and the mailing number for certified mail.

Again, just an opinion, but ML knows what the fuck he is talking about.

Again, not legal advice and not a lawyer.

[ - ] Scyber [op] 0 points 1 dayJun 1, 2025 19:09:32 ago (+0/-0)*

That chart doesn't help with my issues. I'm being evicted for noise complaints I didn't do. I pay my bills EARLY and my credit score shows it.

[ - ] MeyerLansky 2 points 1 dayJun 1, 2025 20:59:45 ago (+2/-0)

Don't be daft.

The chart is exactly your workflow.

Where I see you is "remedy the complaint" which literally means you send a polite, signed letter stating you aren't the source of the noise thank you very much please take it up with the upstairs neighbors.

Now, you've got documentation that you've remedied the issue.

Have they filed anything? I have no idea, I didn't read your post.

If you, so you need to respond and say 1) you need some god damn time and 2) you aren't the source of the lease violation.

You can literally hand write this shit in declaration forms from your court house.

Lawyers hate it when you hand write shit and the court hates to read it. Keep it short and make it obvious you aren't a lawyer or even a high school graduate. You basically force the judge to be your lawyer.

If there is a case, and you weren't served, then use the defective complaint to stall or vacate.

Again, you can hand write this shit.

The chart is not wrong; you are.

[ - ] Sleazy 2 points 2 daysJun 1, 2025 17:09:28 ago (+2/-0)

You live in an apartment building and you choose to let the neighbors noise upset and annoy you.

What were the police called on you for 20 times, and what happened when they arrived?

Who called the cops? Other neighbors? And for what?

[ - ] Scyber [op] 2 points 2 daysJun 1, 2025 17:17:43 ago (+2/-0)

Cops were called on me over noise complaints and stomping before 9pm quiet times. Sometimes I talked to them to let them know it wasn't me making the noise, other times I wasn't even home when they showed up. I told them I wanted to press charges on whoever was calling them and they were very dismissive of my complaints and never did anything.
I've become the scapegoat for any loud noises or stomping/banging in my building and I told them and the property management company this multiple times and nothing was done.

[ - ] Sleazy 1 point 1 dayJun 1, 2025 18:03:41 ago (+1/-0)

why don't your neighbors come knock on your door and tell you to keep it down instead of calling the cops?

[ - ] Love240 0 points 2 daysJun 1, 2025 17:35:35 ago (+0/-0)

Sounds like you lost that battle before it began.

I know it is shit, but the squeaky wheel gets the grease.

They complained first and consistently, which makes you the bad guy (in the blind eyes of the law) and they've got the police reports to "prove it".

Move TF out and don't let that shit happen again.

Be proactive.

[ - ] Scyber [op] 0 points 2 daysJun 1, 2025 17:42:15 ago (+0/-0)*

Ok, but what about my police report when the asshole spit on me? And the other reports I made about their excessive noise before the mgmt company told me to stop calling the cops - which they technically can't do because emergency services are for everyone.

[ - ] Love240 0 points 2 daysJun 1, 2025 17:45:10 ago (+0/-0)

It's a quantity thing; they have more calls on you, they win.

MGMT could say that if they want, doesn't make it legal.

But it also doesn't make it actionable unless you have some sort of written proof.

[ - ] Scyber [op] 0 points 1 dayJun 1, 2025 18:18:25 ago (+0/-0)

That doesn't make any sense. So my complaints are useless because other assholes in the building made more complaints against me even though I didn't cause the noise?

Make it make sense.

[ - ] Love240 0 points 1 dayJun 1, 2025 18:21:10 ago (+0/-0)

Never said the law (or the judicial system) made sense, it's just how it is.

[ - ] Scyber [op] 0 points 1 dayJun 1, 2025 22:18:37 ago (+0/-0)

That's one of the most serious cop out responses I've ever heard.

[ - ] Love240 0 points 1 dayJun 1, 2025 22:19:45 ago (+0/-0)

The fuck are you talking about? That's just how it is, retard.

You think the world is 'fair'? lol gtfoh, you're evicted!

[ - ] Scyber [op] 0 points 1 dayJun 1, 2025 22:52:47 ago (+0/-0)

"Oh just deal with whatever we say..."
Hahahah

[ - ] Lost_In_The_Thinking 0 points 1 dayJun 2, 2025 08:33:40 ago (+0/-0)

My advice is to get off the message board and talk to actual human beings who have experience and expertise in this matter. And stop fucking whining and making excuses. Life isn't fair, and you let this go on for too long.

[ - ] Gowithit 0 points 1 dayJun 2, 2025 09:24:54 ago (+0/-0)

can you guide him to said people? When you call those places they tell you

1-sorry we cant help you
2- we're closed/full/
3- do you meet the requirements to qualify
a) disabled
b)elderly
c)veteran
d) rehab
e) the unspoken one (foreigner)

even disabled gets thrown to the back of the line. Once upon a time having kids would get you help but since they want those kids being eaten by the system that doesn't happen.

or the best one:

sure, we can help , oh wait let us leave you dangling for a few months to then quietly ghost.

Single white male that doesn't fit in any of the kickback groups? good luck

he was better off just using his rent money and getting a cheap vehicle I wouldn't even fuck with trying to sue a property management company. A golden key agreement ( they give you money and no eviction on record if out by certain date) would have been ideal but it looks as he only got half of that deal.

@scyber rent the box (efficiency) if you are able. you don't need amenities its better than a homeless shelter. ask for an extension if you are able to.



[ - ] Wolfspider 0 points 1 dayJun 2, 2025 00:42:52 ago (+0/-0)

You gotta get out of there. Tell your lawyer you need an extension and take that place on the 15th. Then plot your vengeance.

[ - ] Sector2 0 points 1 dayJun 2, 2025 00:25:58 ago (+0/-0)

Whether or not you were wronged, your 'case' sounds like a long shot.

Could you do a $5 or $10K retainer to get the lawsuit rolling? Then keep that topped off as your lawyer accrues billable hours?

Since December, other neighbors in the building have called the police on me more times than I have had serious contact with the cops within my whole life. I've had almost 20 police contacts since December

How is this going to look to the judge? If your eviction is really sealed, just gtfo and leave that hellish situation behind. Don't spend your rent money on a lawyer. Get a temp place so you'll have time to look for a decent place.

[ - ] LiberalsAreMental 0 points 1 dayJun 1, 2025 22:58:53 ago (+0/-0)

The only question is whether you can prove your case.

[ - ] CasualObserver 0 points 1 dayJun 1, 2025 19:43:35 ago (+1/-1)

you sound mad. maybe get control of your emotions.

[ - ] Scyber [op] 0 points 1 dayJun 1, 2025 20:06:08 ago (+0/-0)

Sounds like you're trying to get me to overtly respond to your comment.

[ - ] MaryXmas 0 points 1 dayJun 1, 2025 19:07:43 ago (+0/-0)


Legal Premise

I. Breach of Covenant of Quiet Enjoyment (Constructive Eviction)
You had a right to quiet enjoyment of your rental unit, which was materially interfered with by excessive and chronic noise, intimidation, and harassment from neighboring tenants. Despite repeated complaints, the property management company failed to take reasonable corrective action. This persistent disruption rises to the level of constructive eviction, as your living conditions became intolerable.

Key support: The landlord’s duty to provide peaceful enjoyment is implied in every lease. Their inaction in the face of documented disturbances (especially after your complaints) may be a breach of this covenant.


II. Retaliatory Eviction
The eviction filed 10 days after a reported assault and multiple noise complaints can be construed as retaliatory. In many states, eviction following the tenant exercising a protected right (e.g. calling the police, requesting habitability repairs, or reporting lease violations) is presumed retaliatory unless the landlord can prove otherwise.

Key support: The close timing between your complaint and their eviction filing strengthens the inference of retaliation.


III. Procedural Defects in Eviction
You state that you were never served a proper notice to cure or quit (5-day or 14-day notice), which may violate your jurisdiction’s Landlord-Tenant Act. If so, the eviction filing may have lacked proper legal foundation and could be challenged as procedurally invalid.

Key support: Improper service of notice is grounds for dismissal of an eviction case in many states.


IV. Emotional Distress / Negligent Infliction of Harm
Prolonged exposure to noise, psychological stress, and a hostile living environment—especially when property management disregarded your complaints—may support a claim for intentional or negligent infliction of emotional distress, depending on your state's threshold for severity.

Key support: Must show that the property manager’s inaction was extreme or reckless, and that it caused real psychological harm.


V. Economic Damages & Blacklisting
You may be able to argue economic harm due to:

Difficulty securing housing from a now-public eviction filing.

Potential impact on employment, credit, or family security.


If your agreement with the landlord included a sealed record and that agreement is not honored, that could constitute breach of settlement or bad faith.


---

Potential Relief (Damages)

Injunctive relief (e.g., sealing the eviction as originally agreed).

Compensatory damages for emotional and economic distress.

Possibly punitive damages if retaliatory conduct or gross negligence is proven.



---

What to Do Next

1. Gather Evidence: Document all emails, call logs, police reports, witness statements, noise logs, and lease terms.


2. Consult Your Lawyer Immediately: This is a complex case combining tenant rights, eviction procedure, tort law, and possibly civil rights issues.


3. File a Motion to Seal the Eviction if it's not yet sealed as per the court agreement.

[ - ] TheSimulacra 0 points 1 dayJun 1, 2025 19:01:11 ago (+0/-0)

Unless you have documented everything ahead of time, with pictures, video and witnesses, you don't got shit. The property management company has lawyers and connections with judges, so good luck. Shoulda just moved out of there, now you are fucking yourself more.

[ - ] TheOriginal1Icemonkey 0 points 2 daysJun 1, 2025 17:30:55 ago (+1/-1)

Work harder. Move to house.

[ - ] Scyber [op] 1 point 2 daysJun 1, 2025 17:39:15 ago (+1/-0)

Lol. Easier said than done.

[ - ] TheOriginal1Icemonkey 2 points 1 dayJun 1, 2025 18:18:57 ago (+2/-0)

I had apartment, then house and I’m mildly retarded. You can do it!

[ - ] Scyber [op] 2 points 1 dayJun 1, 2025 21:18:03 ago (+2/-0)

I'm WAY more fucked up than you + My biological father killed himself when I was 2 years old and my mother married a Vietnam veteran who was exposed to Agent Orange & made life so bad that my grandparents hired a lawyer who legally kidnapped me from my mom at school & made me go to a jew elementary school for a few days while the courts figured out if I should be tossed to my grandparents in another state that I originally moved out of & didn't wanna move back into...

I'm on the verge of suicide & need serious help that my own family won't provide me

[ - ] TheOriginal1Icemonkey 0 points 1 dayJun 2, 2025 02:14:13 ago (+0/-0)

Brother, that stuff is all them. They did that because they are shit. I was treated like shit and abused growing up as well. My father was a college professor and my mother was on speed pills, in the seventies. They diagnosed me as hyperactive and put me on Ritalin, when in fact it was my parents who couldn’t cope, not me. They psychological and physical abuse from my mother still haunts me to this day. I’m 54.
Bro, you can get through this.

[ - ] TheOriginal1Icemonkey 0 points 1 dayJun 2, 2025 02:16:18 ago (+0/-0)

I don’t know that family is always the go to. Mine sure isn’t. If we could pm I would do that with you.

[ - ] xmasskull 0 points 2 daysJun 1, 2025 17:20:56 ago (+1/-1)

UN-wanted advice: Move,find a better place. Life is to hard already,don't make it harder for yourself.

Mgmt.has already drawn a "line-in-the-Sand", DON'T FUCK YOURSELF!

[ - ] deleted 0 points 2 daysJun 1, 2025 17:53:56 ago (+0/-0)

deleted