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Quiet Enjoyment Violation?
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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
Location:  
Posts: 506
Status:  Offline
 Posted: Tue Jul 1st, 2008 12:17 pm
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Check your city's noise ordinance.  Most allow contractors to work, or noise to be outside, during certain hours like 8 am to 10 pm, or some such hour.  If the noise the LLs are making is between these hours, there is probably little you can do about the weeding and sweeping.   It is legal during those hours.  While you are ensured the quiet enjoyment of your residence, it has to be within the limits of the law.  No one could expect it to be quiet at all hours of the day.  Keep a log of the disturbances and the dates/times.  If you can prove a pattern, it may be considered harassment. 

The other issue is why are they outside your unit?  If this is a shared building they obviously can be outside.  But if this is a seperate residence in a different building, and the yard is yours (not a common area), they have no business there without giving proper notice to enter your rented yard.

Feel free to ignore the sermons about recycling and the quantity of trash.  As long as you put it out for pickup and the company takes it all (and you clean up any that is spilled) there is no law on the amount of trash you make.  I seroiusly doubt there is a garbage clause in your lease that would allow them to evict.  Let them know that you cannot be evicted for placing more than 3 bags of trash to the curb.  If trash is constantly being spilled, buy a second can.  Do keep a log of their comments in case they are foolish enough to try something later.

Although I also belive in recycling, I certainly wouldn't think of lecturing my tenants about it.

McCains
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Joined: Sun Oct 29th, 2006
Location: Oregon USA
Posts: 69
Status:  Offline
 Posted: Sat Jun 28th, 2008 10:07 pm
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I would send a letter to them tilling them what thay are doing and what you dont like. Make share u ask them nice. everytime thay are doing this send a letter after a few times I would get an atty.because thay will fight you on this.The key fact right down everything when it happens and send letters to them.

suture86
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Joined: Wed Jun 25th, 2008
Location:  
Posts: 1
Status:  Offline
 Posted: Wed Jun 25th, 2008 03:06 pm
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    My landlord and his wife are constantly outside of our apartment,  sweeping,  pulling weeds, even using a garden hose to spray the drive-way and side of the house, waking my children up and driving me crazy.  I feel like I can't even relax in my own house and I don't know what to do anymore.  The landlord also threatened to evict us because we "create too much garbage".  Our garbage can is very small and only holds 3 medium sized bags, so there is usually one on top of the can.  We are a family of 2 adults and 2 children in diapers.  The landlord then, proceeded to tell me that it was my responsibility to recycle everything that was not dirt or food waste, which is espescially rediculous because we don't have recycling bins or a service at all.  Later the same day, the landlord told me that was shameful and slovenly to have more than a third of the trash can filled in a week.  I am at my wits end and don't know what to do.  I feel like I'm constanly being watched and teetering on the edge of eviction.  What can I do?  Is this in violation of quiet enjoyment?   I feel totally harassed.  Please help.


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