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Thread: Bad neighbor, any legal grounds to remove them?

  1. #1
    Junior Member
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    Sep 2004
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    Default Bad neighbor, any legal grounds to remove them?

    I am at the ends of my sanity and I thought I would ask for any legal
    and/or real estate advuce from anyone out there that might have gone
    through something similar.

    I purchased a house a few years ago in an "up and coming" neighborhood
    in Denver. At the time, my immediate west-end neighbors were VERY
    large drug dealers (unknown at the time of purchase). Through a long
    drawn out process, we involved the Colorado FBI and local police in
    getting them removed from the neighborhood. Just days before the city
    would have confiscated their house, a lady jumped in and purchased the
    house for pennies on the dollar. To all the neighbor's relief, the
    neighborhood went quiet.

    This lady soon fixed the place up over the course of two years.
    Within the past three weeks, she started renting it to a group of
    individuals that I would NOT want to see on the street, day or night.
    First off, there is at least 6 to 10 people crammed into a 1 story,
    600 square foot house where the radio balres into the night and people
    drink and socialize loudly on the front porch. When I retrieve the
    paper in the morning, there's typically someone crashed out on the
    front lawn and beer bottles/cans are strewn throughout the yard (and
    sometimes in mine).

    I realize that every American has a right to their property and to do
    on it what they please. But the straw that broke the camel's back was
    this past Sunday night... To my utter amazement, someone was bashing
    out windows of the cars parked in front of the house. After finding
    the phone and calling 911, I then heard GUNSHOTS going off. The
    police were called in and unfortunately EVERYONE had dispersed and
    noone was taken into custody. Apparently, the groups in front of the
    house all wore "colors" representing some gang they were in and I
    found out from another neighbor, that they were taunting and enticing
    12 year old girls to come into their house!

    Yes, not a great picture I know. This neighborhood has come a long
    ways, in the right direction, from when I bought the place. Just
    within these past 3 to 4 weeks, has everything gone down-hill again.
    It's just this ONE house in a nice neighborhood.

    My question is: HOW do we deal with the OWNER of the property who
    rents/loans/gives the house out to these menacing tenants? I am
    looking for any advice, legal, personal, experience, etc that might
    help me and my other "trapped" neighbors regain our neighborhood?

    Thanks all,
    Sean


  2. #2
    Member
    Join Date
    Aug 2004
    Posts
    35

    Default Bad neighbor, any legal grounds to remove them?

    >I realize that every American has a right to their property and to do
    on it what they please. But the straw that broke the camel's back wasthis past Sunday night... To my utter amazement, someone was bashingout windows of the cars parked in front of the house. After findingthe phone and calling 911, I then heard GUNSHOTS going off. Thepolice were called in and unfortunately EVERYONE had dispersed andnoone was taken into custody. Apparently, the groups in front of thehouse all wore "colors" representing some gang they were in and Ifound out from another neighbor, that they were taunting and enticing12 year old girls to come into their house!
    In the above story, please identify the people who are the "menacing
    tenants". According to this story, the "menacing tenants" might
    just as well have been out of the country at the time of the incident.
    What did the TENANTS do? Having their car bashed in isn't exactly
    my definition a bad tenant. Or maybe they are really bad tenants,
    but you don't show it here.
    My question is: HOW do we deal with the OWNER of the property *****nts/loans/gives the house out to these menacing tenants? I am
    It wouldn't hurt to collect evidence (photographs, recordings, etc.)
    of what, specifically, the TENANTS did to show to the owner. If
    that doesn't work, it might help the police with getting charges
    of disturbing the peace (or drug dealing, or vandalism, or whatever)
    to stick. If the gangs know they are being photographed, they might
    quit coming around (but that carries a risk of retaliation against
    you).

    Call the police when you've got a real complaint, but don't get
    a reputation for nuiscance calls. I'd say gunshots qualifies as
    a real complaint. So does someone bashing in cars. Don't get too
    touchy about noise alone.

    It's just possible that the tenants don't like the gangs any more than
    you do, but the gangs are trying to recruit one of the kids.
    looking for any advice, legal, personal, experience, etc that mighthelp me and my other "trapped" neighbors regain our neighborhood?
    Gordon L. Burditt


  3. #3
    Guest
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    Default Bad neighbor, any legal grounds to remove them?

    In misc.legal.moderated Sean <aether8203@yahoo.com> wrote:
    I realize that every American has a right to their property and to do on it what they please. But the straw that broke the camel's back was this past Sunday night... To my utter amazement, someone was bashing out windows of the cars parked in front of the house. After finding the phone and calling 911, I then heard GUNSHOTS going off. The police were called in and unfortunately EVERYONE had dispersed and noone was taken into custody. Apparently, the groups in front of the house all wore "colors" representing some gang they were in and I found out from another neighbor, that they were taunting and enticing 12 year old girls to come into their house!
    Yes, not a great picture I know. This neighborhood has come a long ways, in the right direction, from when I bought the place. Just within these past 3 to 4 weeks, has everything gone down-hill again. It's just this ONE house in a nice neighborhood.
    My question is: HOW do we deal with the OWNER of the property who rents/loans/gives the house out to these menacing tenants? I am looking for any advice, legal, personal, experience, etc that might help me and my other "trapped" neighbors regain our neighborhood?
    http://www.compeace.org/sys-tmpl/drugs/
    http://www.communitylaw.org/Community%20Lawyering.htm
    http://www.baltimoremd.com/community/claw/selfhelp.html
    http://www2.co.multnomah.or.us/cfm/d...nic%20Nuisance


    --
    Diane Blackman


  4. #4
    Senior Member
    Join Date
    Jul 2004
    Posts
    619

    Default Bad neighbor, any legal grounds to remove them?

    Sean,

    You live near a rental house which you believe is dragging your property
    value down and making the neighborhood unsafe. You describe the situation as
    6-10 people in a 600 sq. ft. house. You want to get rid of these people.
    First, visit the landlord and make your complaints to her. Since she has
    fixed the place up she may not want these people as tenants. Second, find
    out if local law forbids occupancy by so many un-related adults. Third, talk
    to the cops. See what they think is going on at the house and whether they
    are aware of the situation.

    Good luck,
    Dave M.


  5. #5
    Senior Member
    Join Date
    May 2004
    Posts
    421

    Default Bad neighbor, any legal grounds to remove them?

    Sean <aether8203@yahoo.com> wrote:
    [OP lives next to a house that is rented to people he considers
    undesirable neighbors.]
    First off, there is at least 6 to 10 people crammed into a 1 story,600 square foot house where the radio balres into the night and peopledrink and socialize loudly on the front porch. When I retrieve thepaper in the morning, there's typically someone crashed out on thefront lawn and beer bottles/cans are strewn throughout the yard (andsometimes in mine).
    [snip]
    ...Apparently, the groups in front of thehouse all wore "colors" representing some gang they were in and Ifound out from another neighbor, that they were taunting and enticing12 year old girls to come into their house!
    [snip]
    My question is: HOW do we deal with the OWNER of the property *****nts/loans/gives the house out to these menacing tenants? I amlooking for any advice, legal, personal, experience, etc that mighthelp me and my other "trapped" neighbors regain our neighborhood?
    This is for discussion purposes only, and is not legal advice. I'm
    not a lawyer. If you want legal advice, hire a lawyer.

    You could file suit for "abatement of private nuisance". You can get
    an injunction against certain prescribed acts and/or damages for your
    lowered property value. If you can get several other neighbors to
    join in the suit, it becomes a "public nuisance" because it's more
    than just you who are being bothered.

    Of course, you will have to see a lawyer to do any of this.

    You can also discuss the matter with the City Attorney's office. In
    some cities there are laws against certain kinds of activities in or
    around residences. Under the right circumstances, the City Attorney
    might be willing to go to court to shut it down, and he could have
    the place padlocked by police. But not every city has those kinds
    of laws, and the activities covered vary from city to city.

    A lawsuit for nuisance should be available regardless of where you
    are, although what kinds of things are required to prevail will,
    again, vary from place to place.

    The real answer is you need to see a lawyer.
    --
    I pledge allegiance to the Constitution of the United States of America, and
    to the republic which it established, one nation from many peoples, promising
    liberty and justice for all.
    Feel free to use the above variant pledge in your own postings.


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