Q: I’m seeking advice regarding a neighbor who has repeatedly filed unfounded complaints to city authorities about several properties in our neighborhood, including ours. Although most complaints were unfounded, we still had to contend with the stress and inconvenience of dealing with code enforcement. We believe this behavior has escalated beyond a neighborhood dispute into what we believe is harassment and invasion of privacy. What are our legal options to stop this conduct and protect our privacy? — Katherine
A: Understanding your legal options when dealing with a neighbor’s repeated complaints can be complex. While it may feel like harassment, the legal definition is quite specific.
Courts have consistently ruled that filing complaints with government authorities, even if done with malicious intent, generally does not meet the legal criteria for harassment. This is because such actions are considered constitutionally protected activities.
Harassment refers to a course of conduct directed at a specific individual that causes substantial emotional distress and serves no legitimate purpose. However, activities like petitioning the government are excluded from this definition.
Invasion of privacy would involve your neighbor trying to view activities where you had a reasonable expectation of privacy.
However, since your neighbor’s complaints seem to involve property-related issues, such as overgrown hedges, there would be no expectation of privacy for the parts of your property visible from the street.
Without him doing more than making numerous complaints, obtaining an injunction will be difficult. You will need to prove that your neighbor’s conduct would cause substantial emotional distress to a reasonable person, while not serving a legitimate purpose.
Courts have set a high threshold for what constitutes substantial emotional distress. Also, while your neighbor’s actions may feel invasive and distressing, the law protects the right to petition the government, including filing complaints with authorities.
Speak with your code enforcement officials, who are probably already aware of your neighbor, about what steps you can take to avoid repercussions from the stream of frivolous complaints.
Prioritize your peace of mind and privacy.
Just as you would take precautions to protect your home from a storm, take steps to safeguard your personal space and well-being. Ensure your property is well-maintained to avoid giving your neighbor any legitimate grounds for complaint. Document every interaction and complaint meticulously. Keep a detailed log of dates, times, and the nature of each complaint, as well as any communications you have with city authorities or the neighbor in question.
Photographs, videos, and copies of public records can serve as valuable evidence should the situation escalate.
Hopefully, once your neighbor realizes his efforts do not bother you, he will move on.
Gary M. Singer, a Florida attorney and board-certified as an expert in real estate law by the Florida Bar, wrote this for the South Florida Sun Sentinel. He practices real estate, business litigation and contract law from his office in Sunrise, Florida. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
