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Q: Living next door to the landlord ( No Answer,   5 Comments )
Subject: Living next door to the landlord
Category: Miscellaneous
Asked by: skwyrl-ga
List Price: $3.00
Posted: 21 Feb 2005 12:56 PST
Expires: 23 Mar 2005 12:56 PST
Question ID: 478264
I have three children and live next door to my landlord.We Are always
very respectful&clean we even go out of our way and stop whatever we
are doing if we are outside and go inside during his nap time.And
still he complains and tells my chilren to be quiet in a rude
manner.Yet he has a dog that constantly barks and howels staring from
6a.m.until night we never complain.He is always watching our everymove
and he will call us or come over if he see's something he does not
like.My children dont even like to go out and play as much as they
should any more.We all feel like we cannot be oursleves anymore and we
are always feeling uncomfortable.Does he have any right to treat us
this way?What can I do until I am able to move?
There is no answer at this time.

Subject: Re: Living next door to the landlord
From: david1977-ga on 21 Feb 2005 13:46 PST
Well as I do not know where you live I will try to find some overall
relavent information.

What should I do if my building owner is harassing me?

Building owners are prohibited by law from harassing tenants to force
them out of their apartments. Examples of harassment include verbal or
physical abuse, consistent withholding of services, or persistent
physical or mental intimidation.

I did find a message board that may help you.
Subject: Re: Living next door to the landlord
From: silver777-ga on 22 Feb 2005 05:51 PST

I have been both a tenant and landlord.
Any tenant has the right to what is referred to as "quiet enjoyment".
If what you say is correct, your privacy has been breached by the laws
in my neck of the woods. Any concerns from your officious landlord
should be raised with you in writing. You need not be available at his
beckon call. You have no need to live your life around an overbearing
and presumptuous landlord in need of a nap. I have never heard of a
"nap clause" in any lease. You and your children have every right to
go about your business, without interruption or invasion.

Do yourself a favour. Pay your RECEIPTED rent on time, start a diary
of events, take control, be as assertive as your good nature allows
and turn this circumstance into his problem, not yours. Do your utmost
to ignore unjustified requests from him as you go about your day to
day life. Simply close the door. Just because there is a knock at the
door, does not mean that you have to be home. Your kids are far more
important than a "mightier than thou landlord".

I bet he is not using an agent. This also raises a question as to the
validity of any lease you may have signed or worse, to any verbal
agreement or "assumed" arrangement you have. Assumptions will be
misconstrued over time, generally in favour of the stronger
personality. I can't help but think that he has something over you to
his advantage. If not, the law will be in your favour albeit with a
disgruntled neighbouring landlord.

More importantly, DO NOT GO OUT OF YOUR WAY. Your children will be
turned into nervous wrecks out of fear of simply being kids. Stand up
for yourself.

I have no intention to become personal or try to tell an unknown what
to do. The above are my opinions only. I abhor calculated unfairness.
Your story has hit a raw nerve with me, again, if what you say is


ps Did you pay a bond on accepting the lease? If so, to whom did you
Subject: Re: Living next door to the landlord
From: just4fun2-ga on 22 Feb 2005 10:59 PST
No one likes to get into disagreements.  But if what you have said is
true and you're not giving a one sided, in you favor view, then gentle
let this landlord know that you will be moving if your children are
not allowed to play like normal kids.  He rented to you and YOUR KIDS.
 He was, or should have been, aware of the noises kids make. It's not
necessary to get into a fight with him, just let him know that kids
make noise and that he will need to accommodate them.

Now on the other hand, you can listen to his complaints and not do
anything about them.  Just say you will.  Tell him what he wants to
hear. (my dad was like this)  He might be someone who likes to
Subject: Re: Living next door to the landlord
From: cynthia-ga on 22 Feb 2005 11:11 PST
Silver is 100% correct.  Document, Document, Document, and you might
have a case for Constructive Eviction.  If so, the landlord *could* be
ordered to pay for you to move, albiet if not for his actions, you
would not be *forced* to move.

Silver, care to comment?

Subject: Re: Living next door to the landlord
From: silver777-ga on 23 Feb 2005 04:13 PST
Hi Cynthia,

Already have! ?

Comment can be made only in general terms as we have done. Sounds like
we are all pretty much saying the same thing in our thoughtful
responses to someone in need. I remain careful with  my unaccountable
comments to these types of questions. That's because of the differing
laws and particularly the use of terminology. Your example in term of
"Constructive Eviction" hits the nail on the head. Other countries may
have other terms and also variations to the definitions. Who knows,
maybe some countries allow landlords a freer reign.

Your questioner has depicted a slovenly, uncaring landlord with too
much time on his hands. He "appears" to entertain his ego in an
overbearing way toward his source of income.

What is perceived by a tenant, may differ from actual events. 

Conflict resolution is difficult in this arena. The target in question
can't exactly be invited to present his side of the story. And this
arena is not a courtroom for the "anonymous us" to presume judgement.
Could you imagine the other side of the argument? "Those kids annoy my
dog, causing it to bark .." etc. etc.

However, as the questioner appears genuine and in need, I chose to
respond quickly. I see that I did so 50 minutes after the question was
posted. If any content of my comment aids your answer, my words are
yours to use.

Hoping to read a response from your questioner.

Kind regards, Phil

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