Legal Question in Civil Litigation in Florida

My family is renting a second-floor condo. Our upstairs neighbor and his roommates (21-year-old college students) bang and stomp on the floor in the middle of the night to wake us up. They get home from the bars or work around 2am and keep up the noise until around 3:30am. They also let their dog out on the balcony to bark after midnight. They are retaliating against my husband and me for getting their pit bulls kicked out of their condo. We've talked to them in person, left notes on their door, and have called the police numerous times along with a few other families in the neighborhood. The upstairs neighbor is living rent-free in his older brother's condo because the condo is in foreclosure. My landlord and condo association are working with me but the upstairs neighbor and the owner of the unit refuse to respond to notices the condo association sends. The condo assoc. will start fining the renter $100 per day for each day he continues to let his pit bulls live in the unit. But since the unit is in foreclosure, they renter will probably not pay the fines. The foreclosure process could take months and I was told Florida Law makes it difficult to kick a family member out of an owned condo. Can my husband and I sue the neighbor in civil court for noise nuisance since we have police records and video recordings of their middle-of-the-night noise? Thanks!


Asked on 12/18/12, 11:58 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

No. Your LL must evict. You can seek a reduction in rent or lease termination for breach of quiet enjoyment.

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Answered on 12/22/12, 11:47 am


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