How do I handle harassment from a fellow tenant?
We want to know if we can potentially sue for this harassment and some other things that are happening in these apartments.
It has caused me unwanted stress. We would not have these problems if she enforced the rules in the lease for every tenant.
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Based on what you've described, here are the key legal points to consider:
Landlord's Duty to Address Harassment
If a tenant is harassing you and the landlord has actual notice of the harassment but fails to take reasonable steps to stop it, the landlord may be breaching their duty to provide quiet enjoyment of the premises. Courts in many states have recognized that landlords can be liable if they negligently fail to act when one tenant is harassing another.
Fair Housing Act Violations
If the harassment includes discrimination based on race, gender, religion, national origin, disability, or other protected class, and the landlord fails to intervene, this may rise to the level of a Fair Housing Act violation. Documentation becomes even more important in these cases.
Negligent or Selective Enforcement of Lease Terms
If the landlord is enforcing lease rules unequally or not at all, and this failure is directly contributing to ongoing harm (like harassment), you may have grounds for a negligence or constructive eviction claim. That said, to reach a legal remedy, you’ll typically need to show:
- Substantial interference with your right to live peacefully in your home
- Notice given to the landlord
- Landlord’s failure to act
- Harm caused as a result (stress, property damage, etc.)
Types of Claims to Explore
- Breach of lease or negligence for failure to enforce rules
- Constructive eviction (if you’re forced to leave because of the behavior)
- Intentional infliction of emotional distress (rare and hard to win, but possible in extreme cases)
What You Can Do Now
- Continue documenting everything (dates, videos, communications)
- If the harassment is severe, consider filing a police report or civil restraining order against the tenant
- Send a formal written demand to the landlord and/or management company outlining their failure to act and giving a deadline to resolve the issue
- If the issues persist and you’re harmed, consider filing in small claims court (for stress-related damages, repair costs, etc.), or speaking with tenant advocacy groups in your area.
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I live in an apartment complex and we are experiencing ongoing harassment from a particular tenant. We have had meetings with the manger, but still no resolution due to her lack of management.
We want to know if we can potentially sue for this harassment and some other things that are happening in these apartments.
It has caused me unwanted stress. We would not have these problems if she enforced the rules in the lease for every tenant.
I'm sorry to hear about the ongoing harassment you're experiencing from a fellow tenant. Have you documented these incidents of harassment?
Yes we have recorded and videos. Still management has neglected her duty to resolve this and that particular tenant already has warnings.
Have you raised your concerns about the lack of enforcement of house rules in writing to the property manager or landlord?
Yes, we have sought higher forms of management, such as her supervisor, but it almost seems as if they do the bare minimum to avoid being sued. Now, I would like to know if I have a case.
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they'll be able to help with your ongoing harassment.
Yes
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance.
Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important and I’m working on typing an answer to your question now. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to other.
What state are you in?
Are you there?
Based on what you've described, here are the key legal points to consider:
Landlord's Duty to Address Harassment
If a tenant is harassing you and the landlord has actual notice of the harassment but fails to take reasonable steps to stop it, the landlord may be breaching their duty to provide quiet enjoyment of the premises. Courts in many states have recognized that landlords can be liable if they negligently fail to act when one tenant is harassing another.
Fair Housing Act Violations
If the harassment includes discrimination based on race, gender, religion, national origin, disability, or other protected class, and the landlord fails to intervene, this may rise to the level of a Fair Housing Act violation. Documentation becomes even more important in these cases.
Negligent or Selective Enforcement of Lease Terms
If the landlord is enforcing lease rules unequally or not at all, and this failure is directly contributing to ongoing harm (like harassment), you may have grounds for a negligence or constructive eviction claim. That said, to reach a legal remedy, you’ll typically need to show:
- Substantial interference with your right to live peacefully in your home
- Notice given to the landlord
- Landlord’s failure to act
- Harm caused as a result (stress, property damage, etc.)
Types of Claims to Explore
- Breach of lease or negligence for failure to enforce rules
- Constructive eviction (if you’re forced to leave because of the behavior)
- Intentional infliction of emotional distress (rare and hard to win, but possible in extreme cases)
What You Can Do Now
- Continue documenting everything (dates, videos, communications)
- If the harassment is severe, consider filing a police report or civil restraining order against the tenant
- Send a formal written demand to the landlord and/or management company outlining their failure to act and giving a deadline to resolve the issue
- If the issues persist and you’re harmed, consider filing in small claims court (for stress-related damages, repair costs, etc.), or speaking with tenant advocacy groups in your area.
If you have any follow up questions, please let me know.
