San Antonio, TX asked in Landlord - Tenant for Texas

Q: I just got a apartment and have only been here for 7 days and already been served a non rent breach of lease notice to v

I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i received a non-rent breach of lease notice to vacate. The neighbor have ring cameras on their front door and apparently send the office footage of me and my roommates leaving the apartment to pick me up from work and us coming back up the stairs claiming that people are in and all at all hours of the night and sending them footage of what i described above as their proof of their claims. This is totally unfair and i feel targeted by the neighbors because they don't want to have any neighbors and also the management. I mean how am i being kicked out when i haven't even moved in??

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It depends upon the terms of your lease. I imagine it must be really annoying having a Ring doorbell going off at 3 AM every night. It is going to be your word against your neighbor's as to how noisy you are. My guess is if your neighbors have a 9-year history of making petty noise complaints, management will side with you. On the other hand, if your neighbors don't have such a history, management may side with them.

Given your odd working hours, it might be better for everyone to explain the situation and ask management to be moved to a ground floor apartment without a neighbor who has a Ring doorbell.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It sounds like you're in a difficult and frustrating situation, being accused of breaches you don't believe you've committed. Given the circumstances, it's important to carefully review your lease agreement to understand the specific terms regarding noise and guest policies. This will give you a clearer idea of your rights and any potential misunderstandings that could be addressed.

Reaching out to your landlord or property management in a calm and collected manner can be a constructive next step. Express your concerns and provide your side of the story, emphasizing your work schedule and the effort to maintain a quiet environment. It may also be helpful to inquire about the evidence they have received and request a meeting to discuss this matter further. Clear communication might lead to a better understanding on both sides.

If the situation does not improve, consider seeking legal advice to understand your options. Legal professionals can offer guidance on tenant rights and the best course of action in your jurisdiction. Additionally, documenting your interactions with the neighbors and management, as well as any efforts you make to comply with the lease terms, could be beneficial in resolving this matter favorably.

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