Do I have the legal right to face my accuser, or know who has filed noise complaints against me that could have me evicted?

Asked over 1 year ago - Cuyahoga Falls, OH

It was said that four people filed a noise complaint. However, there is only one person above me and one below me. The said noise was not loud by any means and I feel that my landlord is discriminating me due to the fact that I am only 27. I truly do not feel that there were even four people that could have heard the said noise.

Attorney answers (3)

  1. Michael J. Caticchio

    Contributor Level 14

    Answered . the answer is - it depends

    since this is not a criminal case then you do not have a constitutional right

    if your Landlord files an eviction action against you for that noise violation then the Landlord has the burden of proof to show you in fact made a noise loud enough and long enough and serious enough to justify an eviction - whether that requires the complainers to come in - is a decision for the attorney for the Landlord to make

    if you get sued for eviction for noise it would be a good idea to get an attorney to represent you

  2. Kerrie Kathleen Matre

    Pro

    Contributor Level 10

    Answered . Have you asked the landlord to show you the complaints? Or, was it someone else other than our landlord who told you of the 4 complaints? Being in your twenties by itself does not form the basis for a discrimination claim. If your landlord does file an eviction against you on the basis of those complaints, you can get the information through a process called discovery. If that happens - please get an attorney!

    I am an Ohio-licensed attorney. The information is not, nor is it intended to be, legal advice. You should consult... more
  3. Peter Stephen Kirner

    Contributor Level 16

    Answered . I agree with both counsel and ask you, what do you want to do about this ?? Say they appear in court and testify to the "noise" does this not simply make a he said she said argument ?? Who is the court to believe. What do you want ? Do you want to know who made the complaint so that you can address the problem directly ? I would speak to the landlord and find out what the "REAL" noise issue is so that you can address it. Then I would address it. I would also suggest waiting till the end of the lease term then find a new place to live. Neighbor disputes are NEVER good. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more

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