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Can I press charges against my neighbor for intentionally disturbing the peace because he's bitter about being evicted?

Spring City, PA |

I live in an apartment that I can't sleep in becuase he is so loud. But when I am here I call the cops where upon he gets louder. The landlord has given him 30 days notice to evict but by law he can't do much else. This guy is intentionally setting his alarm clock to go off after he leaves (all hours of day and night) and when he is here he invites people over to drink and party and generally be loud. He doesn't work so he does this all the time. I'm under lease so I cannot move without breaking that contract. This has been going on for 2 months.I can't wait 30 more days. Can I simply press charges and/or have him fined for this behavior? Civil court or claims court is too costly and time-consuming. By then he'll be evicted. I need a quick solution to an unfair situation

Attorney Answers 5

Posted

You can call the local police and ask that they charge the neighbor with Disorderly Conduct. If they have little or no interest in intervening in the matter you can file a Private Criminal Complaint against him. The procedure for filing your own charges varies from county to county, so it is recommended that you speak with a lawyer in your county to assist in the process.

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Posted

I agree with my colleague, and suggest you call the police and request that they take action. It is also up to the landlord to maintain the pease at the building. Am attorney can also send a letter on your behalf.

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Posted

I agree with both of my learned clooeagues on this one. Follow the suggestions provided to you.

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Posted

It is often up to the police once they arrive. My colleagues are correct regarding the filing of a private criminal complaint. The issue becomes that his defense will be that the police came and they did not find his behavior egregious enough to cite him. It will also involve a lot of time and effort on your part. It will likely remain in the courts long after he has left. It really becomes whether you wish to do this or not.

This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

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Posted

Yes, you can see if the police will take a complaint. You record the noise or have the police over when he leaves the alarm on, so they can witness the distrubance. If the cops won't take a complaint for DC or Harassment, you can see if the DA at the local DJ office will take a Private Complaint. Remember, you will have to face him in court and this may all be over in 60 days when he is evicted.

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