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Can You Sue a Landlord for Failing to Stop Threats by Another Tenant

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  • 11-17-2016, 04:57 PM
    jmr121372
    Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    My question involves landlord-tenant law in the State of: Florida, I know the statute, 83.52(7) protects renters from threats and harassment from one tenant to another. At least I thought it would but the landlord let it go all the way until I moved out from fear from retaliation from this one tenant from something he claims that I did which I never did. The question is, can I sue my old landlord along with my evidence of harassment and threats from this one neighbor?
  • 11-17-2016, 08:46 PM
    Mr. Knowitall
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    You are not reading the statute correctly. Florida Statutes, Sec. 83.52 details the duties of a tenant, not the duties of a landlord. If a tenant does not fulfill those duties, the landlord may seek to evict the tenant, but they may also choose to ignore or forgive the conduct and let the tenancy continue.
    Quote:

    Quoting Florida Statutes, Sec. 83.52. Tenant’s obligation to maintain dwelling unit.
    The tenant at all times during the tenancy shall:

    (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.

    (2) Keep that part of the premises which he or she occupies and uses clean and sanitary.

    (3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.

    (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.

    (5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.

    (6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.

    (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.

    A landlord's duties are described at Sec. 83.51.

    If you were threatened by your neighbor, and you believed the threats, you should have made a police report. If the threats rose to the level that you were in legitimate fear of your life or safety, or somebody else in your household felt that level of legitimate fear, you or they should have sought an order of protection. If you chose not to seek help from the police or courts, then you have little basis to accuse your landlord of having failed to act to protect you. If you did so and were found not to have described conduct that rose to the level of a crime or that would justify a protective order, then your landlord would have little basis to try to hold your neighbor responsible for whatever dispute or quarrel you were encountering.
  • 11-18-2016, 06:39 AM
    jmr121372
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    Quote:

    Quoting Mr. Knowitall
    View Post
    You are not reading the statute correctly. Florida Statutes, Sec. 83.52 details the duties of a tenant, not the duties of a landlord. If a tenant does not fulfill those duties, the landlord may seek to evict the tenant, but they may also choose to ignore or forgive the conduct and let the tenancy continue.

    A landlord's duties are described at Sec. 83.51.

    If you were threatened by your neighbor, and you believed the threats, you should have made a police report. If the threats rose to the level that you were in legitimate fear of your life or safety, or somebody else in your household felt that level of legitimate fear, you or they should have sought an order of protection. If you chose not to seek help from the police or courts, then you have little basis to accuse your landlord of having failed to act to protect you. If you did so and were found not to have described conduct that rose to the level of a crime or that would justify a protective order, then your landlord would have little basis to try to hold your neighbor responsible for whatever dispute or quarrel you were encountering.

    First, I've called the cops a lot on this neighbor. Second, I've even tried to get an injunction for protection which was denied at the hearing. Third, I have everything caught on camera.

    This; "Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace." means to me that I have a right to a peaceful dwelling. Read between the lines if you must which I'm good at that.
  • 11-18-2016, 06:45 AM
    Mr. Knowitall
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    A landlord is not required to resolve every dispute that arises between bickering neighbors.

    If you have not substantiated any criminal activity, and have not substantiated any threats that would support your obtaining a protective order, your best bet is to move at the end of your lease term.
  • 11-18-2016, 12:13 PM
    jmr121372
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    Just because the judge don't see eye to eye on different subjects don't mean that I have evidence of these threats. I have a four camera DVR to whereas I had them setup outside my place and I caught him making threats and harassing me when Florida State Statute 83.52(7) clearly states "Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace." Which IF the landlord don't want ANY lawsuit, then he just might want to keep the peace between; as you put it 'bickering neighbors'. But, since the landlord DID NOT keep the peace between 'bickering neighbors', then I can AND will use Florida State Statute 83.52(7) against the landlord for NOT keeping the peace and the judge will see this evidence and he/she will rule based on everything including the evidence.
  • 11-18-2016, 12:17 PM
    Mr. Knowitall
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    You are clearly not interested in any opinion other than your own, so go right ahead and do whatever you want.
  • 11-18-2016, 04:49 PM
    lill
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    Quote:

    Quoting jmr121372
    View Post
    Just because the judge don't see eye to eye on different subjects don't mean that I have evidence of these threats. I have a four camera DVR to whereas I had them setup outside my place and I caught him making threats and harassing me when Florida State Statute 83.52(7) clearly states "Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace." Which IF the landlord don't want ANY lawsuit, then he just might want to keep the peace between; as you put it 'bickering neighbors'. But, since the landlord DID NOT keep the peace between 'bickering neighbors', then I can AND will use Florida State Statute 83.52(7) against the landlord for NOT keeping the peace and the judge will see this evidence and he/she will rule based on everything including the evidence.

    Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent. See Fla. Stat. ch. 934.03. Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. However, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense tells you is private.

    In addition to subjecting you to criminal prosecution, violating the Florida wiretapping law can expose you to a civil lawsuit for damages by an injured party.
  • 11-18-2016, 05:07 PM
    jk
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    Quote:

    Quoting jmr121372
    View Post
    Just because the judge don't see eye to eye on different subjects don't mean that I have evidence of these threats. I have a four camera DVR to whereas I had them setup outside my place and I caught him making threats and harassing me when Florida State Statute 83.52(7) clearly states "Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace." Which IF the landlord don't want ANY lawsuit, then he just might want to keep the peace between; as you put it 'bickering neighbors'. But, since the landlord DID NOT keep the peace between 'bickering neighbors', then I can AND will use Florida State Statute 83.52(7) against the landlord for NOT keeping the peace and the judge will see this evidence and he/she will rule based on everything including the evidence.

    What don't you understand. The law cited obligates the tenant to comport themselves in the manner stated in the statute. It does not obligate the landlord to babysit a tenant. It does allow (not require but allow) a landlord to evict a tenant that does not act in compliance of the law.

    The fact you were denied an order of protection as well as the police refusing to file any report that resulted in charges against the neighbor yet you still claim criminal activity suggests you are a whiner that can't get along with other people. Your statements here provide further support of you being a whiner.

    The judge will rule based on the law. Unless you can provide statute that mandates a landlord play referee for tenant disputes, you will lose.

    I can assure you a judge will not accept the whining you have displayed here. I suggest upon the first warning from the judge you restrain yourself you do so. Further whining can result in your suit being dismissed or even a charge of contempt against you.
  • 11-18-2016, 05:31 PM
    Taxing Matters
    Re: Can You Sue a Landlord for Failing to Stop Threats by Another Tenant
    Quote:

    Quoting jmr121372
    View Post
    My question involves landlord-tenant law in the State of: Florida, I know the statute, 83.52(7) protects renters from threats and harassment from one tenant to another. At least I thought it would but the landlord let it go all the way until I moved out from fear from retaliation from this one tenant from something he claims that I did which I never did. The question is, can I sue my old landlord along with my evidence of harassment and threats from this one neighbor?

    Ok, so you have moved out and there is now no continuing problem. While you could file a lawsuit against your former landlord, the question is whether you would win any money damages. Since you moved, there is no point to sue for injunction now. There are two parts to answering the question of whether you would win any money damages. The first is whether you can prove that the landlord failed in some duty that he had to you. It is not the duty of the landlord to resolve all disputes and problems between tenants. As was pointed out already, the law you cited, Florida Statute § 83.52 cannot be the basis of a lawsuit against your landlord because that section does not describe the duties of the landlord, but rather lays out the duties of the tenants. Because of that, the following statement you made is wrong:

    Quote:

    Quoting jmr121372
    View Post
    This; "Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace." means to me that I have a right to a peaceful dwelling. Read between the lines if you must which I'm good at that.

    That is quoted from subsection (7) of § 83.52. That is a duty of the tenants, not the landlord. It does not mean that you have a right to a peaceful dwelling; you are reading more into it than is there. It does mean that you would expect that the other tenant to conform to that subsection and not engage in activity that would “unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.” So perhaps that statute would provide you a claim against your former neighbor, but it does not support a claim against the landlord.

    The landlord does generally have an obligation to provide tenants with a right of “quiet enjoyment.” At old common law, this right only meant that the landlord was obligated to defend the tenant against other claims to possession of the property. Some states have expanded the definition of quiet enjoyment to include making the landlord liable for other things that unreasonably interfere with the tenant’s occupation of the home, including doing something about the actions of other tenants that would cause such problems. But Florida is not one of those states. It still uses only the very narrow covenant of quiet enjoyment from the old common law. In Florida, the covenant of quiet enjoyment does not cover problems caused by other tenants.

    This leaves you with the problem of identifying a duty imposed by law on the landlord that the landlord breached in this instance. The statute you cited doesn’t help you nor does the covenant of quiet enjoyment (which is often where the obligation arises in other states). I have not found a duty in Florida that a landlord would have to remedy the problems you had with the neighbor. Unless you can find such a duty, you will lose if you sue the landlord. I can understand you’d be frustrated that Florida law evidently does not require your landlord to remedy these things for you, but you have deal with the law as it is, not how you’d like it to be.

    The next issue is that even if you can identity a duty that the landlord owed to you that was breached here, what money damages did you suffer, i.e. what financial loss can you point to as a result of what happened? The law does not compensate you with money damage for being annoyed or upset. You need to show the landlord’s actions caused you some kind of financial loss.

    The statute you cited might be the basis for suing the other tenant for money damages. The problem is, the statute itself does not say that you have a remedy for money damages from another tenant violating that statute. You’d need to find case law that says you have that remedy. And again, you still have the problem of identifying the financial loss that tenant caused you before you can win any money damages. Finally, that tenant would also need to have money or property somewhere that is not exempt from attachment under federal or Florida law for any judgment to do you any good. Getting a judgment you cannot enforce is worthless.

    For what it is worth, since you have moved and the problem is therefore over, you may want to consider just moving on with your life rather than pursuing either your old landlord or the other tenant in court over this. You may spend a lot of time and money on a lawsuit that you either cannot win or that you cannot collect, which would just add to your frustration. Not every wrong in life is worth suing over even if you might have a claim to pursue. You need to pick which ones are really worth fighting over and which ones to let go. Life it too short to keep looking back at what happened to you in the past. You’ll likely enjoy life more looking forward and spending your efforts in making your future enjoyable.
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