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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default False Noise Complaints

    My question involves defamation in the state of: MA

    The situation is as follows:

    I live on the 3rd floor of a 3 family condominium. Our first floor neighbors called the police for a noise complaint the first weekend we moved in (2 months ago). This complaint was warranted, we apologized and changed that behavior.

    Weeks later they came into the apartment at 11pm, uninvited, when there were 3 people present without music or television, talking at the kitchen table. They proceeded to come into our kitchen to scream and yell about noise over the past weekends (since the first complaint we left the apartment on weekends) and hearing people walk up the stairs. The husband, for one, was so inappropriately aggressive that his wife had to shut him out of our apartment (she has also had to shut him in their apartment when we approached them to discuss the situation). I explained, calmly that we could not help them hearing us walk up the stairs and that we had not been around the past weekends, they did not care and began to talk illogically - retracting their previous statements and trying to find other things to complain about all of which I could defend easily to which they could not answer.

    Recently, they called the police again for a noise complaint. This time, at 1am, people were already asleep and, again, there were 3 people at the kitchen table talking without TV or music.

    The problem is this: the police are taking these neighbors side. A criminal complaint was filed by the police and we have to appear in Court. I am not lying when I say we have not been noisy whatsoever since that first incident. I don't know if these neighbors have connections with the police force which is why the police are not using judgment but, regardless, we now have to appear in Court for false accusations. Our landlords told us these people were unfriendly when we moved in but not unreasonable and unstable. The tenants on the second floor, directly below us, have had no problems.

    Is there a case here for defamation of character?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Noise Complaints

    Consider investing in a tape recorder or similar recording device with sufficient capacity, and recordking your late evening conversations in case the cops show up.

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