If I have got a noise complaint and my landlord is trying to evict me, can I fight this?
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If I have got a noise complaint and my landlord is trying to evict me, can I fight this?
This is the first and only complaint.
Asked on October 1, 2012 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The landlord should only be able to evict you if 1) he has warned you to stop and you have failed to do so--that is, you should not be evicted for the first complaint; and 2) if the above happens (you're warned, but keep making noise), he can prove that in court. You should let your landlord know you will not continue to do whatever the problem was (assuming that you agree that you did make too much noise; if you don't believe you did, you can tell him that you do not believe you were excessively noisy, but will of course make sure you are not too noisy in the future); if the landlord continues trying to evict you, since you can only be evicted by a court, make sure you show up in court and contest the landlord's version of events.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all state sin this country you have the legal right to contest your landlord's intended eviction of you from the rental that you have based upon an alleged noise complaint against you. To do so, first start by reading your presumed lease in that its terms and conditions set the frame work as to duties you owe the landlord and vice versa.
You should also consider consulting with a landlord tenant attorney about your situation as well as to how best to contest the intended eviction of yourself.
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