Title: November 1, 2006
Q. I purchased a pant outfit from a catalog. When I received it, I tried it on and noticed that the top was discolored as though it had been left in the sun for a long time. The color of the top did not match the color of the pants. I returned the outfit the next day via UPS, the same way I received it. I also filled out the return form and mentioned that the top was discolored and not up to the standard I was expecting from the catalog house. I later received an invoice from the company notifying me that I’m the one who damaged the outfit and I was expected to pay for the returned item. I am outraged. What do I do?
A. Make sure you read the company’s return policy. If it says you can return the merchandise if you are not satisfied for any reason, then you will prevail. Even if it does not say you can return it for any reason, you will still prevail. I would write to the customer service department a long letter explaining that you do not appreciate getting called a liar, and never buy anything from this company again. If you keep receiving an invoice, make a complaint to the Attorney General of the state where the catalog company is located, as well as the Better Business Bureau. If the company insists on billing you, let them know you will not pay and will put an energetic defense to any lawsuit filed against.
Q. My neighbor’s kid is learning how to play the drums. He spends every evening and weekend banging on a drum set in their garage which is about 20 feet from my bedroom. If it continues much longer, I will become either deaf or crazy from the noise. I have asked my neighbors to have pity on me and to panel their garage with some sort of sound barrier but to no avail. What can I do?
A. You have the right to quiet enjoyment of your property and the noise coming from next door is a private nuisance. If your neighbors are unreasonable, you should consider filing a lawsuit for nuisance. Maybe you should approach them again and let them know that you are thinking about filing a lawsuit if they do nothing to protect your sanity or your hearing. You need to calmly approach them and explain how serious the nuisance is. If you have other neighbors who are disturbed by the noise, you should pair up with them in filing your lawsuit. . .
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Showing posts with label noise. Show all posts
Showing posts with label noise. Show all posts
Monday, March 23, 2009
Friday, February 27, 2009
Legal Eaze #26 Gossip/ Rental Occupant
Title: July 13, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I have lived in Tehachapi for 27 years. People I barely know have spread hate gossip about me shortly after I moved here. I could not afford to move away so I installed a video security system on my property. On several occasions my system was vandalized. On one occasion, I even have one of the youth who committed the vandalism on camera. Despite knowing who the culprits are, law enforcement officials will not help me obtain reimbursement for the cameras I have had to buy over and over again. Having to replace my cameras has been a costly ordeal for me. I am disabled and elderly and having trouble with the financial burden as well as the harassment suffered at the hands of my neighbors. Do you have any suggestions as to what I can do?
A. The police cannot help you recorder money you have lost in replacing your cameras. The only way available to you is to sue the one fellow you know has vandalized your video security system. If he is a minor, then you would have to sue his parents. If the amount claimed is below $5,000, you can sue in small claims court, the fastest and most cost-efficient way. As for the harassment, you are being the victim of, you can file a civil temporary restraining order (TRO) against the neighbors who are committing the harassment. You have to be specific as to the conduct you claim is harassing to you. If the court sees it your way, you will obtain the TRO but if the conduct you are complaining of does not rise to the standard requirements for the court to issue the TRO, you are out of luck.
Q. I have a rental occupied by a tenant who is causing a lot of trouble and noise. The neighbors are constantly calling the police on him and complained to me that he is disturbing their peace. He pays his rent on time and has been there a long, so what should I do?
A. I realize you probably like to keep him as a tenant, but if your neighbors decide to sue for breach of the “covenant of quiet enjoyment and disturbing their peace”, they might add you as a defendant because you are keeping your tenant in possession of your rental, and you are aware of the problems he has caused. I hope you have a lease. Read the lease carefully, and if you have a cause that says” no illegal activities allowed”, I suggest you file an Unlawful Detainer action against on that ground.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I have lived in Tehachapi for 27 years. People I barely know have spread hate gossip about me shortly after I moved here. I could not afford to move away so I installed a video security system on my property. On several occasions my system was vandalized. On one occasion, I even have one of the youth who committed the vandalism on camera. Despite knowing who the culprits are, law enforcement officials will not help me obtain reimbursement for the cameras I have had to buy over and over again. Having to replace my cameras has been a costly ordeal for me. I am disabled and elderly and having trouble with the financial burden as well as the harassment suffered at the hands of my neighbors. Do you have any suggestions as to what I can do?
A. The police cannot help you recorder money you have lost in replacing your cameras. The only way available to you is to sue the one fellow you know has vandalized your video security system. If he is a minor, then you would have to sue his parents. If the amount claimed is below $5,000, you can sue in small claims court, the fastest and most cost-efficient way. As for the harassment, you are being the victim of, you can file a civil temporary restraining order (TRO) against the neighbors who are committing the harassment. You have to be specific as to the conduct you claim is harassing to you. If the court sees it your way, you will obtain the TRO but if the conduct you are complaining of does not rise to the standard requirements for the court to issue the TRO, you are out of luck.
Q. I have a rental occupied by a tenant who is causing a lot of trouble and noise. The neighbors are constantly calling the police on him and complained to me that he is disturbing their peace. He pays his rent on time and has been there a long, so what should I do?
A. I realize you probably like to keep him as a tenant, but if your neighbors decide to sue for breach of the “covenant of quiet enjoyment and disturbing their peace”, they might add you as a defendant because you are keeping your tenant in possession of your rental, and you are aware of the problems he has caused. I hope you have a lease. Read the lease carefully, and if you have a cause that says” no illegal activities allowed”, I suggest you file an Unlawful Detainer action against on that ground.
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