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steve0839 | Can a landlord evict a couple with a noisy, colic 2 yr old because of recent complaints? |
We try everything to keep her quiet but she's too young to understand and we just got a 3rd written warning stating the next time it would be eviction. Can a landlord legally do that because of a small child? |
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Landlord
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Colic? Honey, take your poor baby to a doctor. This could not possibly be colic.
Even though he can not evict you over a sick child you should make nice with the neighbors. Simply tell them how sorry you are that she wakes them but that she is ill and you hope she will be better soon.
Most people will not complain after that. |
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Shivers
 |
I'm not too sure.
It doesn't sound right what's happening and it appears that you'd be doing the very best you can to help your child be quiet.
I'm a mother of 3 sons and know a fair bit about colic. No offence, but isn't colic for very young babies? Could it be possible that your daughter could have another health problem or perhaps is ill?
With two year olds, the noisiness that they usually display is either on-going separation anxiety or the terrible twos.
If you think that this isn't the case, then perhaps a trip to a doctor or paediatrician may be helpful? |
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dijah c
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i do not think that a 2 yr old could have colic maybe you need to get her checked. |
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tikababy
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I don't want to say no but you can search renter's rights and they should be able to tell you something about it. Have they had the police to come out with a noise meter to see how loud the cry is. People are crazy I think that if they do evict you-you would have a great case against them in court. I would make them file the eviction and fight it out in court. That is so stupid of them. I hope your baby feels better soon. |
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linkus86
 |
The fair housing act protects you as far as familial status, but noise is the issue at hand. Legally, you have a right to "quiet enjoyment of the property" (that is actually how the law is written in most states) so it is quite possible that a landlord can have you evicted for noise violations. Still, I am sure you can fight any eviction attempt by bending the ear of a sympathetic judge.
It also may be in your best interest to be really nice to your immediate neighbors who are making these complaints to your landlord. Keeping them happy will keep your landlord off your back. |
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Bingo
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When you moved in did you have the child on the lease with you ( 2 Adults, 1 child ) does other tenets have children, Talk to a lawyer and see if you have any rights in this matter. |
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Saphyre
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According this this website, it is a violation of the fair housing act.
http://www.discriminationiswrong.com/families.html#complex
Good Luck! |
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shiprepairwoman
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Rental laws are local but most require them to accept a child. The noise might be disturbing the peace of the other tenants so they could break their lease. At 2 your child should be about over colic it usually only last a short time. Make sure you are seeing a doctor. Can you move the nursery to farther from the neighbor's wall? Maybe hand sound proof materials in the nursery. |
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jaybug522000
 |
I would not think so, unless you had a written statement that stated no children. |
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oliver1010
 |
I doubt it. You should consult an attorney. |
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_nicole_
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2 years is a bit too old for colic. There is something else going on with her, take her the doctor asap. It is probably something she cannot tell you about. I would also consider a lawyer, because this is one of those doozies.
If you are evicted, you would have a case. This is clearly a medical issue, that you cannot control. You should not be evicted over a medical problem. You could sue the pants of the management, unless it is real serious with the disturbing of other tenants. Does the lease say it is alright for children? If not you have a problem.
With that said, the neighbors have the right to quiet time in their home. They do not want to hear the wails of a child all day. They have the right to peace and quiet, as I am sure you wanted when your child was a infant. It is the noise that they want to evict you for not the child. I would talk to the landlord and a doctor. Your 2 year old child should not be putting up such a fit that the cops have to be called.Either you have twisted neighbors or your baby needs help. I wish you luck, good luck with your daughter, I hope she is well. |
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reeree
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If you have a lease, he has no grounds to evict you. If you don't have a lease he can give you a 30 day written notice to vacate. |
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