Our downstairs neighbor has been waking us up at early hours by purposefully banging on the walls or clanging (sounds like a pan being hit by a spoon) rapidly, just for a second or two. He does it early in the mornings usually.

What is the cause of action we should file? Should we first get the police to do something? (unlikely they will, but who knows).

His purpose is to get us to move, to drive us from our dwelling of almost 17 years. He has expressed this, even in court!

Not sure what to call the cause of action. Any ideas?
* Last updated by: JOSEPH36 on 12/26/2018 @ 3:11 AM *

Joseph36,

Like most students here, you don't give your classmates enough information to offer any useful suggestion. What you are doing is telling a story.

In the "courtroom" they don't want to be told a story.

You need to state a claim:
1. A Right violation
2. A Contract breached
3. An Injury sustained etc.

And since you are the party bring forth the claim. What Law will you bring before the court?:

1. Constitutional Law (Federal/State)
2. Contract Law
3. Statutes/Codes etc.

I hate to be blunt, but YOU need to take responsibility for yourself. You are coming into a room of other students like yourself; dropping a problem on us, and asking us how to solve your problem.

Or, what your Cause of Action Should be?
Only YOU can make that determination.

Because the type of claim that you are making will provide the framework for formulating your 'cause of action'.

This course is designed to empower you with only the "basic skills" needed to do that for yourself. You MUST perform a great deal of independent research for yourself.

No one else can answer that question for you.

So for starters, at least look at those three claims I gave, and decide which is fitting to your situation. Then this will help YOU to make that decision.

I'll give you one example to guide you:
If you are claiming a 'Contract Breach'.

Does the property leasing agreement have a provision dealing with quiet hours?
I've read many lease agreements which do have this clause.

I hope my response as given you a bit of insight.

Best of Luck

Jerome, I do not find your answer on my question very helpful at all, but rather critical of a student simply seeking an answer. I'm not asking anyone to solve my problems and I am a very responsible person.

Please refrain from your public personal attacks on me in the future. They are not helpful, especially not in what I expect to be a safe educational environment (this course).

I know the cause I'm filing is for invasion and intentional infliction. I know that. You didn't tell me. No one told me. I simply wanted to expand my options so I asked others' opinions.

If you cannot handle that, I'm sorry for you.

Joseph36 I would guess it would be intentional infliction of emotional distress for starters. Again I'm not an attorney and I can't give legal advice only my opinion. Sounds like you have a nasty situation. If you get the police involved sometimes it gets more intense, but I would advocate for calling them and letting the guy know you're the one who called. Witness intimidation is a serious thing (That's why you let him know YOU turned him in. Then all actions he takes from that point will be witness intimidation. If the police show up the second time explain to the officer, look I turned this guy in for (give the charges that were filed). And he won't leave me alone. The police then have something to go on. Best of luck. This guy really sounds like a jerk.

There are laws about the right to enjoy your property, and infliction of emotional distress (never forget that part), and if you can document the noise it would be helpful for your case, and if you can document their vexing attitude you could prove malice for damages.
Go the appellate cases and see what others have done with vexing neighbors, there's no shortage of them on youtube too.

¯\_(?)_/¯
* Last updated by: JEFFREY24 on 1/25/2020 @ 12:02 AM *

Thanks all for your input. I sent the perpetrator a notice to cease and desist as his actions were harassing and causing damages. He ignored my notice and continued with the noises. Concurrently, I sent the landlord a few recordings I had made of the noises the neighbor had been making. One of them has his voice on it. I told the landlord the perp was violating the lease and injuring us. Within a few week, the perp moved, but to another of the landlord's properties. At least he's not in our building anymore and the noises ceased. Now, I am preparing a civil suit against the perp(s) with causes of Invasion of Privacy (by intrusion), and Intentional Infliction of Emotional Distress. This will be fun.