Tenant / landlord rights

Question

My family just moved into an apartment in May there are two houses on the property with two apartments in each. On our lease it states that we get one parking space in the back of the property where there are four spaces one for each apartment. now since we moved in we have had a problem with one of the tenants in the back blocking the driveway and taking up two spaces so we do not get a space. We have spoken to the landlord about it and nothing has been done. When we asked them to move ourselves we are being threaten that they will beat us up in front of our children. They also have two pitbulls that have been allowed to run free and have come at me and my children while walking to my car. I no longer fell safe living here What are my rights and how can I get out of the lease. Please Help.

Answer 1

You need to see a lawyer. Your children are not safe with pitbulls running free. You may want to talk to the police about that. They are threatening you with bodily harm. You are entitled to live in a safe, harrassment-free home, with parking. You are not getting what you paid for. Fight them. Also, look in your area and see if there is a tenants rights organization. See if you can get help that way.There also may be a landlord-tenant court where you can file charges.

Take pictures and document what is going on. I feel very bad for you. Please, consider getting some mace ( if it is legal in your state) in case the dogs attack. And for sure, go down to the police station and file a complaint for the threats and dogs. Send a copy of the complaint to your landlord- put him on notice. I know a lawyer is expensive, but not nearly as expensive as what can happen with crazy neighbors with menacing dogs.

Answer 2

Call Animal Control on the dogs. Call 911 for the threats.

Tell your landlord that you paid for a parking spot and if you don't get it you will sue him in small claims court for a reduction in rent.

Answer 3

You have a lousy landlord. It is his job to make sure that you get the peaceful enjoyment of your home.  This is what will turn you from a renter into a buyer.  You will not be allowed to leave unless there are gunshots in your parking lot.  For anything less, the judge will make you stay.  So park somewhere else.  Sometimes you can pay a neighbor $50 to use their driveway.  Pay it.  /

Answer 4

I went through a VERY similar situation a couple years ago. We had just awful neighbors who would threaten us and our children over stupid stuff like parking spaces. We told the landlord about the problems and he basically just let it go in one ear and out the other. He said he would talk to the neighbors but that didn't do any good of course. So our next step was to go to the police. We must have had the police come out 4, maybe 5 times. Each time a complaint was made and a report was filed. Even after all of that, the neighbors were still harassing us so we told our landlord we'd be moving out at the beginning of the next month, 3 months before our lease ended. He said Ok, but he said we'd owe him for the remaining rent, which we of course refused to pay. We moved and a few months later we got a summons to appear in court for the unpaid rent balance. We told the judge that our concerns about the neighbors were not addressed and that the landlord did absolutely nothing to help the situation. We also brought a family member that had witnessed the neighbor's behavior. And we brought all of the police reports. The judge basically said that because the landlord couldn't provide us with a safe and healthy residence that he would be considered a slum lord and we would not be responsible for the remaining 3 months rent.....and we also got our security deposit back! After the hearing was over, the judge advised us to get a restraining order against the neighbors, which we did! Life hasn't been better since.

Good luck.

Answer 5

You have many rights--don't say it--write it! Send a letter to the owner and the apartment manager.  Let them know what is going on with the tenant who is threaten you.  Are animals permitted in the complex; according to your rental agreement?

Contact the police department and let them know that you have been threaten by your neighbor.  They will come out and talk to the manager and then you. They will then go to the person and let them know that you have made a complaint, and if anything happen to you or your family they are in serious trouble with the police.

It seems like your landlord is not doing her job.  She should not let them block any person's parking space or harass them for any reason.

The next time their car is blocking your space, go directly to the manager door, and ask her to come and see what you are talking about.  Make sure that you have a witness with you, just in case she get absent minded when you move out.

No lease state that you have to live in fear because the manager is not doing her job.

Answer 6

Send a letter to the landlord, certified mail, return receipt requested,  demanding that he provide you with the parking space allotted in your lease, provide you with a safe and habitable unit, and that the next time the neighbors threaten you or allow their pit bulls to threaten or attack you, you are calling the police.  If the neighbors make any threats or fail to keep their pit bulls fenced in or on a leash, call the police, file a report and get a restraining order.

Once you have this, if the landlord fails to provide what was promised in the lease (including the parking space), and fails to do something about the neighbors, move, and give the landlord notice (certified mail, return receipt requested) that you are revoking the lease based on his "failure to perform the duties and obligations of a landlord and fulfill the terms of the lease." If he tries to sue, have all written records (letters to landlord, police reports, written diary of events with neighbor, photos of dogs loose, etc) with you when you go to court and fight him.  As long as you have proper evidence, you should win.