I received a letter from my apartment complex stating that my neighbor who lives above my garage is waking her up and its a disturbance. She lied stating that I open my garage door 10 times. I opened my garage and closed it and came back later on after my errands opened and closed it again. Total of 4 times. How she gets 10 from 4 is beyond me. Now the manager states there's nothing she can do about me using my garage but I have to be mindful in the time. Now, I run errands and volunteer from 12 am to 3 am just depends on what is needed or scheduled. She is saying it might be a disturbance and try to use the front door. If my car's in the garage I still have to open my garage. The letter stated my lease may be terminated for using my own garage. Is this legal?
Yes its legal. You've been told to cool it with the garage at 3am. You might have legal defenses to raise in a eviction suit, but thats nuts to take it that far. You have 3 choices: 1. Risk eviction, 2. Park your car in the driveway, or 3. Stop volunteering and running errands between midnight and 3 am. Choose wisely.
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.
I agree with my colleague, and will add a fourth choice (maybe it's just a modification of choice #1): Dig into your OWN pocket and pay oodles and oodles of money to defend your right to park inside your garage and do volunteer work). I mean, oodles. Any it will not help your relationship with the PM or your neighbor one bit, either. Me, I like option 2 - at least on nights when you agree to volunteer. I know it is your garage. But you live in a "attached" building, " There has to be SOME compromise (try role playing: she's lying in bed, sound asleep and 3am - RRRRRRRRRRRRRRRRR! What a nightmare. It's simply a poor design, the architects are to blame, not either of you. Park in the drive; offer to buy her sound canceling headphones; one of you ask to be moved to another unit; try to reach a compromise. Avoid involving the lawyers and courts if you can ($$$). Hope this helps. gsg
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