Can my daughter be evicted for not getting along with the downstairs tenant?
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Can my daughter be evicted for not getting along with the downstairs tenant?
My daughters apartment complex is threatening her with eviction if she cant get along with her neighbors. She has called the police on her downstairs neighbors for waking her kids with loud talking and high volume television which the police have told them to turn down twice now or face a citation. they have in turn called the police on her for loud noise when the police arrive she and the kids have been sleeping. The police know the downstairs tenants are being vindictive. Can they force my daughter out if she has done nothing wrong. The management are the ones who told her to call the police.
Asked on December 1, 2011 under Real Estate Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. What you are seeing is a situation where the property manager is being caught in the middle of a neighbor dispute that the property mamanger wants no part of.
As to whether or not your daughter can be evicted for not getting along with her neighbor depends upon the circumstances for the dispute and what the terms of her written lease states. The presumed written lease that she has controls the obligations the landlord owes to your daughter and vice versa in the absence of conflicting state law. Most likley there is a provision in the lease requiring some semblance of good conduct and behavior by your daughter.
If your daughter is on a month-to-month lease, the landlord for whatever legitimate reason can choose to terminate her lease and evict her.
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