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What can I do when my neighbor is continuously calling the police on me for "noise" when I know there is no noise being made?

Edinboro, PA |

I live in a handicap accessible apartment complex that is four squares brought together into one big square. with a hallway in between. My boyfriend who is a paraplegic and I are on the bottom left side and my neighbor whom has cerebral palsy is on the top right side calls the cops on us all the time for "noise" even when we are not making any. We have both gotten fines, gone to court, and we are now whispering throughout the day and night and she still calls the cops even when we are not making any noise what so ever. It's been 5 times now. We have expressed that we feel harassed to the police officers and magistrate and they seem to not believe us. She is trying to get us out of here, I'm not sure why. I'd like to protect myself from these false accusations. What can I do?

Attorney Answers 2


You can not sue your neighbor for calls to the cops or any other government agency/office. The officers are also immune. All calls, statements, reports etc. to law enforcement and the government are immune and protected from civil lawsuits no matter how false, frequent or evil. I will say that for the authorities to cite/fine, there is usually a basis. So while you may think you're not being noisy, the law of your town obviously disagrees--this might just not be a good living fit. Ask the landlord to move you to another unit. If that does not work, then take your lease to a local landlord/tenant attorney to get advice on breaking it (never do this on your own) and the lawyer can also tell you if you have any special protections due to handicap status and/or how best to proceed.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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You need a recording device that measures sound in your apartment by dB. If you can prove the neighbor is making false reports, the police will respond. If you cannot, they will continue to cite you.

DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600

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