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Let’s say your visit didn’t work but your concerns don’t warrant a call to the authorities. Based on the City of LA smoking ordinance, it appears that the smoker is within his rights to smoke outdoors on the property of a private residence. Lawyer: barristerinky, Attorney replied 3 months … Then things quickly get worse and they threaten you or your pet. Visit our professional site », By Jaclyn Rainey | Firefox, or Instead, try to take videos or photos of what they do. I'm in NJ. Can you sue a neighbor for harassment? Your safety is the top priority. If the harassment rises to the level of a crime, the police can either arrest a person on the spot or file a charge with a summons to appear in court. "Can I sue my neighbor for harassment? Your other option is to file a suit in civil court, though some municipalities will require you to file a report with law enforcement first. I'm going to talk to him about it and ask him to tell his step kids to stop it. You’ll need documented proof, like previous police reports or proof of medical care after an altercation. What are are legal rights to keep him off our property? First and foremost, attempt to talk to your neighbor — if you feel safe, of course. This is no longer a civil case if you are being threatened or stalked. Threatening or harassing you or someone you know can be a criminal offence. Contact a qualified attorney to help you address difficulties with your neighbors. An attorney can help you understand what type of case it is since the lines between civil lawsuits and criminal charges can be very thin. You might throw it out there when a coworker really gets on your case at work or your neighbor jut won't let something go. You’ll want to start keeping a written log of incidents, including dates, times, and details. We share a drive way. I have reported to the Police because now my garden in areas is less secure. You may even find you form a new comradery. Hearing your neighbor say things that you find insensitive or thoughtless does not automatically equate to harassment. Small things like continually walking on your property or knocking on your windows to "just say hello" are not legal or appropriate. Comes in the our yard and starts taking down our fence and says he is mowing our yard. Now my neighbor has changed the entire garage door opener and refuses to give me a remote. The police may be able to take immediate action, but at the very least they will be able to document your calls and reports. Please try again. Stay up-to-date with how the law affects your life, Name Can the smoker’s behavior be considered harassment if he knows it is bothersome? The litigant must submit more than a solitary hostile act, … Dog Bites - If you have a pet that happens to bite a neighbor, they could have the right to sue you … In most cases, it is common for the dispute to be settled in civil court, and both people keep a polite distance from the other for the rest of their time as neighbors. This is more common in cases of physical violence. This sort of behaviour is against the law. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Breach of the covenant of quiet enjoyment is a breach of your lease. If you aren’t able to resolve an ongoing problem with a neighbor, it may be time to consider your legal options. People can represent themselves in small claims court, but this takes time and strong evidence. Call your local law enforcement and let them know the details of the matter. The problem persists. I can also help you serve your civil harassment restraining order. Another tactic that they will use is speaking to my husband and will flirt with him trying to make me feel uncomfortable. CIV. If this happens you can sue your neighbor for defamation of character provided that the words are not true. I have had years of abuse from the hands of a nasty bitter man who I didn't want to be friends with. Tell us about your situation and we'll match you with the best lawyer in the Los Angeles area. My next door neighbor rents a room in her house to a long-term tenant. I know this is illegal, and the police are on their way, my question is can I sue him for harassment? If the nuisance has stopped, can I still sue my neighbor? He replied. Q153: My neighbour is harassing me, what can I do? Many times, what starts off as an innocent disagreement between neighbours can escalate into something major. Taking legal action can help stop them (sometimes called "cease and desist" orders) from escalating their actions and keep you and your family safe. November 13, 2014 | November 13, 2014. In some cases, issues that aren’t necessarily city concerns still violate the terms of a lease. A neighbor with annoying personal habits who stays on their own property may bother you but isn’t necessarily doing anything to intentionally disrupt your life. And there’s the rub right there — intention. He has gone on to make false reports against me with our landlord and police. You may sue for property damages, damages related to loss of work, or even for a restraining order or injunction. Do not "take matters into your own hands" when you are facing criminal harassment. I am a homeowner in Woodland Hills, within the City of Los Angeles city limits. You may have multiple causes of action, including libel, slander, invasion of privacy and intrusion upon seclusion. Neighbor harassment can take many forms, including: Bad smells are a grey area for harassment cases. Sadly,  some cases escalate and professional intervention becomes necessary. we have a huge back yard where the three big dogs were. Talk it out. You do not want a record of yelling back at them or harassing them back. She is extremely bothersome this way. This article explains the law of nuisance and what you can do to stop a neighborhood nuisance. List of her petty complaints: 1. we were dogsitting for a few friends, she didn't like the # of dogs at that short period of time, so she TURNED US IN! Neighbor harassment is a very real thing. I have been dragged though both civil and criminal court. For more, read this article on California Trespassing Laws. The most common types of harassment include: This depends on the type of harassment and your living situation. You shluld contact a local civil law or personal injury attorney. Can I Sue My Neighbor for Harassment? The harassment charges can become a felony if: Suing them may just be one part of the case if criminal activity is involved. Criminal harassment, more commonly known as stalking, can be defined as harassing behaviour including repeatedly following, communicating with or watching over one’s dwelling home. Any harassing behavior over any period of time should be taken seriously. However, if you have neighbor disputes with the people who live next door, you do have options to get a resolution. If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case. Harassment is always intentional, but this is sometimes hard to prove. I’ve been polite to her for as long as I can. However, if you have neighbor disputes with the people who live next door, you do have options to get a resolution. Too often, we are told to "just deal with it," or that bad neighbors are a part of life. Don’t hesitate to call the police if you feel threatened. However, you can sue your neighbor for causing a nuisance. (US law and generally) Harassment is a serious issue, and though we might expect it on the street or even at work, it often blindsides us when we are at home. It is a smart move to do a free consultation with an attorney to understand what kind of case you are looking at. When Can a Person be Liable for Noise, Light, or Odor Emissions? My neighbor calls the police constantly on me for suspicious activity, suspicious cars, suspicious persons and tells the police that my house is a drug house and that i have all kinds of traffic at all hours of the night which is not true. What they thought was a great choice often takes a surprising turn when a neighbor turns out to be less-than-pleasant. Just as they can potentially sue you, you can also sue them. You will testify in court and the judge may issue a fine or punishment, up to and including jail time, if they deem the harassment criminal in nature. As to the first question, you can sue anyone for anything. I am not aware of any civil cause of action for "harrassment." Yes. It also appears that continued complaints, so long as they are without threat, are within my mother in law’s legal rights. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Pursue the case with an attorney and fight for one of these outcomes: It is unfortunate but essential to point out that a neighbor may be even more out of control after facing an arrest or jail time. There are a couple of different scenarios that could play out if you decide to get the courts involved. Copyright © 2020, Thomson Reuters. Harassment must be a repeated and intentional act. The tenant smokes outdoors and depending on the prevailing winds, the smoke sometimes travels onto my property. After all attempts of talking to your neighbor amicably have failed, to prevent the situation from escalating, you may need to get the police involved and hire an attorney. In civil cases for harassment that occurs outside the workplace, you must meet a four-prong legal test to sue for harassment and emotional distress. You do, after all, need to figure out if what they are doing is indeed on purpose, but you can usually tell. Selassi Fri 22-Dec-17 17:11:19. Share the Knowledge! For harassment to have been committed there must be a 'course of conduct' (i.e. State laws vary, yet they require that specific components be set up before your neighbor’s conduct qualifies as a harassment. You can also choose to sue for emotional suffering or physical injuries. It can be a spat about noise, boundary issues, trees or fences. Figuring out if the situation is harassment or not can be tricky. Now let's say the same neighbor throws something else at your dog a week later, causing or threatening harm. Here are some examples of neighbor harassment . If your neighbor repeats any behavior, they may be arrested, fined, or go to jail. If you prefer contacting via email, click here to request a lawyer. This article will outline what constitutes harassment from a neighbor. I have a neighbor who whenever we are outside and working she comes over and starts talking bothering us especially we do not want to engage in conversation with her whenever we are outside. The urge to be a kind neighbor does not extend to any situation where you feel uncomfortable or unsafe. Since more than one instance has occurred, it will likely qualify as harassment. The neighbor on the other side has written harassment letters which I submitted to police which was warranted as harassment. If the neighbor has stopped the activity or behavior that was the nuisance, you may still recover damages for the past existence of the nuisance. The concern with neighbor harassment is that if it is not rectified quickly, things can quickly spiral out of control. Can My Neighbor Legally Block My View? ANDREY POPOV / ISTOCK . If you would like to explore your legal options, give us a call and we’ll help schedule a free consultation (up to 30 minutes) with a lawyer. Keep in mind you will not have a case for things like a neighbor cooking food you do not like. Neighbor harassment is often a misdemeanor, but can be enhanced to a felony if the offender has a prior misdemeanor conviction or the act involves an imminent threat of violent action. Likewise, can my mother in law’s behavior complaining be considered harassment? Too often, we are told to "just deal with it," or that bad neighbors are a part of life. We recommend using Dealing directly with your neighbor is probably the last thing you want to do and given the … These are criminal charges, and you need a criminal attorney to press charges and get an order for protection. It is not a sign of love; it is about power and abuse. In these cases, if a resident is experiencing harassment and the association fails to take action, your association can be at risk for a lawsuit. CODE § 3484. Violating an injunction or restraining order could lead to charges of disorderly conduct and the possibility of jail time. Never forget that you have rights. We don’t feel safe. It might feel tempting to move away just to escape this neighbor. If needed, you can show officers the video footage from your surveillance camera. While a law enforcement officer will try to calm the situation down, unless your neighbor committed a crime, you will have to sue the person in court as a civil matter. Here are five common reasons you may want to sue your HOA: Harassment or discrimination. A neighbor can even harass you in the form of defamation by spreading defamatory words about which may ruin your reputation. You are not harassing your neighbors if you don’t realize they are bothered by this behavior. You should involve the police right away and find a criminal law attorney to stop the harasser long-term. The word "harassment" gets a lot of use, but not always in the proper legal context. First, you can go to the police department to file harassment charges. Sue my neighbour for years of harassment (5 Posts) Add message | Report. It can also be a result of mental health issues like hoarding or not disposing of dead animals. In some cases, the worse harassment comes from your neighbors, and if your neighbors are engaging in harassment directed towards you, your family and your property, you need to take action. This is especially true when someone purposely creates noise, won’t stop smoking in common areas, or simply refuses to stop their kids from banging doors and running around in the apartment over your head. Certainly, you can sue anyone you want to sue. Will your suit be successful? How to properly deal with the chronically inconsiderate. The sooner you take action, the sooner your life will return to normal. They can help outline the process, tell you what to document, or direct you to a criminal law attorney if things are dangerous. If I’m leaving and getting into my garage she will lift up her garage door which startes me or will make some kind of comment under her breath. Your lawyer will help you sort through your documentation and can give you advice as to what you should be doing in terms of future evidence, involving the police, and preparing for court. It is very bothersome… unfortunately I live in the middle of these two neighbors who are friends. 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