questions & answers

Question: The downstairs neighbor keeps complaining to us & the office that we are making loud noises at night. We continually tell them its not us. We told the complaining neighbor to call the police or on-site security next time so there will be an 3rd party witness. She didn’t. She came up and complained to us again and we told her everyone but 1 person was sleeping and to call the on-site security. She went to the office and complained. Each time she complains they call/contact us as if we are guilty even though we aren’t. At what point does it become harassment by both accusing parties?

Answer: Under Arizona law, “harassment” is defined (at A.R.S. 13-2921(A)) as follows: A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person: 1. Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses. 2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist. 3. Repeatedly commits an act or acts that harass another person. 4. Surveils or causes another person to surveil a person for no legitimate purpose. 5. On more than one occasion makes a false report to a law enforcement, credit or social service agency. 6. Interferes with the delivery of any public or regulated utility to a person. A tenant who is facing harassment by either another tenant or the landlord may wish to document the problem in detail then notify the landlord in a signed and dated letter requesting that the landlord remedy the problem ASAP (keeping a copy of the letter for the tenant’s own records).