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How do I give a cease and desist letter to my neighbor,making false claims about me, to try and get me evicted? Can I sue her?

Farmingdale, NY |

I want to give a letter of cease and desist to the neighbor to stop making false claims targeting me, that I am making noise when i'm not. She claims there was no SOUND till I moved into the apartment. Well there wouldn't be if it was vacant, and yet she kept saying what did you say? like she cant hear well? She claims she didnt hear the guy who lived here before me. A neighbor Jenny said she heard a loud sound occasion. of a neighbor yelling out from a nightmare. She said the neighbors next to me, had her car towed for 275.00 as a new tenant, just for parking in "their own claimed spot not numbered". The landlord said she would pay her back the money but never did,. She wanted me to know that I might be living next to not so nice neighbors, and perhaps they are just not used to me

I am a very nice neighbor and friendly and even thoughtful but not to a neighbor who is abusing me with tapping noises 24/7 intentionally to annoy me and get me to move. I bought a doll for someones child, had lunch with 2 women, elderly, visited 2 elderly men wheelchaired, helped go to the store for a sick neighbor and get her dog food. so this is an extra input to what the attorney replied below about ever getting along with my neighbors.

Attorney Answers 6

Posted

I doubt a lawyer from you will make a difference. Have a lawyer write a letter if you want to pursue this.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

I will. My legal aid advocate could probably sign a letter of my composing or have it written in a judges settlement letter, whether I stay till the lease expires or move out in the next few months. I think the letter will show I am defending myself against these actions by the neighbor, and perhaps then she will stop and I could offer a holiday/kindness gift.

Posted

A cease and desist letter is utterly irrelevant to any issue you mention...and what you're describing does not rise to the level of defamation.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Posted

Ahh! The trials and tribulations of apartment living in NY. These type of complaints are not for what a Cease and Desist letter is for, per se. Consider looking for a new apartment as your lease terminations period approaches if it does not appear that you will be able to "get along" with your neighbors- ever.

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Posted

I don't have a problem with getting along with my neighbors at all. I just moved in 2 mths ago and from the first day I was being harassed non stop tapping being done intentionally! with all do respect, you have this backwards.

Asker

Posted

you cant befriend someone who is harassing and abusing you just to get you out

Asker

Posted

I am not going to be a doormat to anyone as I am the victim in this and lies she told the landlord. if she towed away another tenants car that had just moved in what does this say about the character of this neighbor who is next to me

Posted

If you want you can hire a lawyer to send a letter, however it may have no effect and you do not have a good lawsuit.

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Posted

I was told that if the neighbor continues to make false claims its grounds for harassment, and I can sue based on that.

Posted

You can have a lawyer write a letter, but it could throw fuel on the fire.

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Posted

I was thinking the same thing and have not sent the letter yet., even though there are false claims about me and I'm being abused by this. I shouldn't have to move. Ill know soon. there is a court proceeding coming up.

Posted

As people know, you can sue anyone for anything these days. What you need to ask yourself is it worth it. Most attorneys would take this on a contingency so the money would be out of your own pocket.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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