Junkie Neighbour- Advice Please!

There are 5 units on my floor. One of the units on my floor is owned by a drug addict. He is a complete nuisance especially on weekends, gets his friends over, they get high, they go around talking loudly, swearing and sometimes end up fighting among themselves and then they walk around with bleeding faces.

He regularly knocks on people's door sometimes in the middle of the night to ask for money and few times even had him knock on neighbor door to ask for sex. But all the other neighbours are too scared to want to do anything about it.Though they have told me that police has come to his house numerous times before due to noise complaints from the folks in the adjoining building.

I am renting and have decided to move out of the house once my lease runs out next year but just want suggestions how to deal with him while I am still here. The reason I am writing this today is he and his junkie friend tried to block my wife's way today while I was away. I am just very concerned about the welfare of my family and not sure what to do.

Any practical suggestions to ensure the safety of family are welcome.

Many thanks for reading through this.

Comments

  • +66

    Vacate the apartment you won't have to pay anything as you are breaking the contract on unliveable conditions

  • +9

    You should speak to your local community legal centre, they can tell you about your rights as a tenant, and more broadly if you should think about applying for an Apprehended Violence Order.

    Most states will have a website where you can find your local community legal centre, or just google and I'm sure one will show up. See for example this database for NSW.

    • +7

      To be clear, community legal centres provide free legal advice.

      • +3

        Much appreciate your response looks like the most mature way of managing this.

        Thanks again

        • +2

          No worries and best of luck. Judging by your postcode you fall within the region of Macquarie Legal Centre.

          I know a number people who've worked in different Community Legal Centres, and worst case even if they can't help you I expect they'll be able to put you in touch with someone who can.

        • +1

          @oldm8: Thanks much. I wish I had folks like you for neighbours :)

        • +1

          O.o someone did that to my wife and the last place id be is the internet researching what to do! Get the police, get a biker, get a big stick and run him off…

    • AVOs are more likely to be put in place if actual violence has occurred against you. This is not the case, they just make you feel uncomfortable and only fight with each other.

      Further, an AVO would effectively evicit your neighbour from their property, as they cannot be within a certain distance from you.

      A court would consider the above and not grant this order.

      • I think it's too difficult to say on the basis of the facts given, depends, for instance, on the conduct towards NoBucks' wife and whether she'd make an application for an AVO. Agree that proximity is an issue, but not necessarily decisive depending on the terms of the order?

        Both of these are good reasons why NoBucks should seek advice from a lawyer with the full facts before them, not a brief statement on the web.

        As an aside, I can absolutely see why an AVO may be more trouble than it's worth, but I don't think I'm well placed to make that judgement.

        • Perhaps there is some example of actual violence that is not mentioned in the OP.

          However, based on my experience in representing clients to get AVOs, if the worst thing that has happened is some door knocking and staring, an AVO is unlikely.

      • +2

        Absolute rubbish. 80% of AVOs involve no physical violence having occurred. Intimidation and threat of violence is more than enough.

        • +1

          Not in my experience. The issue with pursuing an AVO on the basis of a threat of violence is the lack of evidence that the threat occurred.

          You may be able to get an interim order for 30 days, but then as alluded above, the terms of the AVO would be in question.

          Any term that stopped the neighbour from coming within a certain distance of OP would effectively evicit them from their property. Remove that term, and you have an order saying they shouldn't assault OP. As they haven't assaulted OP anyway (on the basis of the post), the order is of little effect, and they could continue the behaviour as described above.

          So I do not believe an AVO is the way to go. I think the community legal centre would likely offer to write a letter from them on your behalf, asking that the neighbour cease being scallywags.

  • +2

    you are breaking the contract on unliveable conditions

    uninhabitable due to reasons beyond the ll control. will this void the contract?

    • The contract is the the landlord. The behaviour of the neighbour is not under the landlord's control. Therefore it's probably not a cause to break the lease.

      • +6

        I don't agree with this - if it were a single dwelling then possibly but this is a block of units. The landlord will be on the body corporate and will have some say into the situation, especially if the other owner is breaking by-laws. I think you have grounds to break the contract and frankly breaking contract is probably cheaper than lawyering up.

        OP this guy is going to implode and you don't want to be anywhere near the place when he does. Drug abusers/addicts do eventually reach a point of no return in terms of their health and it's usually death by misadventure or some horrible complication due to their use. Get out of there, you wont regret the cost.

        • +1

          It's true that the body corporate is responsible for enforcing by-laws and OP's landlord is a member of the body corporate. OP could complain to the landlord who should bring the issue to the body corporate. The body corporate can't evict a resident directly, only serve notice to the owner or tenant and ask the relevant tribunal depending on the state or territory for enforcement.

          However, OP does not say he has made a complaint to the landlord. If OP breaks the contract he might find that the landlord tries to collect the costs and have a case in front of the tribunal who will weigh the evidence that is presented to them. If there's no evidence that the landlord was given a chance to resolve the situation, OP could be liable for the costs of breaking the lease.

          I think the OP would be better off seeking real legal advice before making a costly mistake.

        • @trongy: It's definitely worth telling the landlord (in writing and in person) that the situation has escalated to the point you don't feel safe.

          My previous landlord was a badass and when something similar happened to me he rocked up to the neighbour and told them to lift their game or they'd be out on the street the day after. Things settled down immediately. All the landlords know each other and know better than to start messing with each other's money maker (plus most don't want junkies in their houses and don't even know for some reason).

          Just because we follow the law doesn't mean your landlord will (in a good way) and some junkie isn't going to fight for his right to live somewhere; he's too high.

        • The executive committee is responsible for enforcing the by-laws for the body corp, all owners are in the body corp but not all on the EC. If you complain to the EC enough they and they give enough written notice they can impose a fine through whatever state board is responsible(NCAT for NSW) for fine of upto $550. If the druggies get fined enough they would not be able to afford to stay at the place anymore. Also if the Landlord of the druggies unit knows then they can also apply to NCAT to evict the tennant.

          I would want to evict druggies, my property had over $20k worth of damages caused by tennant. Ceiling had holes in it, every bedroom had holes or whole sections of walls ripped down, cat poo on carpets, etc.

  • -2

    Call the police/move out/bikies

    • +1

      Bikies

      • +50

        More effective than bikies…. is a gang full of OzBargainers.

        We'll drink all his beer, and bore him to death with our stories of past success savings.

        • +8

          That's a bit extreme, don't you think?

        • +4

          "savings stories"? eyes light up

    • +1

      The bikies are the ones selling him the drugs.

      • +8

        Other bikies, bikie war

  • +1

    They tried to block your wife's way today? That is absolutely unacceptable. Time for revenge and Police. Are you 100% certain he actually owns his premises?

    • Almost… that's what all old timers tell me… And I believe it Cuz anyone would have been evicted

  • +1

    Which state & postcode is this?

    • NSW /2150

      • +1

        Parra Represent!

  • +2

    "I am renting and have decided to move out of the house once my lease runs out next year"

    To all those people who claim owning is universally better than renting, here's an advantage of renting right there.

    I'd be having my rental contract reviewed professionally and look at vacating. If things are really that bad, I would have a lawyer review and represent me by contacting the real estate agent on my behalf. Costs a little bit of money, but you will be rid of this situation shortly.

    I used to have a druggie living upstairs from me in a place I rented many years ago, was crazy and the guy ended up doing a runner after having not pay the rent for ages and essentially trashed the place. Fortunately he was very friendly to me as his neighbour, but boy did they create a racket at night with all their fighting and screaming.

    • +3

      Yeah man I agree.

      Though usually when you buy, it's a house, not a fleabag apartment. There's something to be said for a space between houses instead of shared walls, and the capability of putting up fences, as well as sound-proofing the side of your house. You also have other home owners around you who really care when they've spent 6 figures on a place and some piece of trash is ruining the neighbourhood - as opposed to a bunch of soul-less apartment renters who will have moved away before the week is out.

      • I do agree with you on most points, however as a former (house) owner who just sold I did have renters surrounding me and they were no problem. But the owner neighbours across the road had three generations of family living in one house and routinely held excessively loud parties. Also the owners of the rented properties didn't care about the derelict state of the house they were renting (gutters dripping water leaving the whole area between their and my house moisture ridden), then the last straw for me was a massive overdevelopment built onto the fenceline.

        So me personally, I'm enjoying a stint renting for a while :)

    • For financial reasons I had to buy out of town and cop the 50km travel to work after living in units for years and can say having the nearest neighbours house 200m away and the next 700m away is great. Going to friends places where the neighbour is on the other side of a wall or fence metres away is a terrible way to live.
      There is no way I am going to live back in town ever again.

      • That's great. I used to have a 600m2 block in an inner city suburb which while not being tiny was still not large enough to provide enough space from the neighbours to hear what they were up to all the time. I dream of having wide open space like that.

  • How do you know he's a junkie, maybe he's just a heavy drinker?

  • +2

    Reminds me of the Aussie movie, "The King is Dead". Young couple buy a place and after moving in realize the house next door is a drug dealer.
    I feel for you.

  • +6

    depending on a multitude of factors, your landlord may have some influence over them

    take care, junkies care nothing for anyone else

    if you piss them off, they will do way worse to you

    • +1

      Agreed Oscargamer, revenge can be bitter sweet.

    • +1

      However if something happens to them, like they disappear, nobody asks questions.

      Maybe OzBargain for a whole bunch of lye.

  • +3

    Pin him against a wall, dead stare into his eyes and say "Leave. Run away, and never return"

    • +5

      I could if his mate wasn't 6'7"

      • +5

        Bloody power hungry junkies and their pack of hyenas..

      • I dont get this, I have fear of alot of things but not groups or people bigger than me. I agree with others, dont start fights unless your prepared to go further than the other guy (your not, you have a family) but never understood that fear.

  • +7

    I'm a bit more relaxed about drug users than most, so take my advice with that in mind.
    Maybe when you see them in car park or hall way, or otherwise incidentally, just introduce yourself and say you have noticed they have lots of parties.
    Let them know that other residents have mentioned it too, and you would like them to take it a bit easy, because others are talking about getting the cops round more heavily.
    In my experience, this will calm things down, for at least a while, and maybe enough for you all to live your lives happily.

    Junkies can be ok neighbors if they feel they are ok and safe, and if you let them know what is not on. Some of the stuff you mention falls well into my "not on" definition. But is maybe just visitors and others taking liberties because nobody has set the owner straight.
    Don't be afraid to say the specifics of what is a problem. Junkies get wasted, and take liberties,but their main motivation is a safe place to be so they can live their life including their drugs.
    You aren't an owner of a neighbouring place, so likely don't want to commence protracted legal work to evict them, you just want a happy, safe place to live.
    Junkies are well aware that what they are doing gets scrutiny, and will usually tone it down rather than risk trouble.
    The only downside you didn't mention is if there is stealing, which you should meet head on with a complete 'call the cops every day at the smallest issue' response.
    Most drug users aren't stealing, but if they cross that line it is misery for everyone.
    Remember too, that most junkies are straight most of the morning/afternoon and want a reasonable neighborhood too, so will usually be responsive to reasonable complaints.

    • +9

      Thanks for your response.

      But this guy may not exactly fall into your "most" drug users category. I am sure the guy has some sort of mental issues may be due to excessive use of drugs. The only 2 guys in our neighbourhood who tried being friendly with this guy paid by getting knocked on their houses in the middle of the night, being spoken to very rudely and sworn at in front of their wives and kids when the guy is high. So I am not really sure trying to talk to him will do anything besides inviting more trouble.

      • +2

        No worries from me, you're the person on the ground that has the issues, so I defer to your judgement, I was just pointing out it is reasonable to think through the mental processes of your neighbour in considering what might get the fastest results.
        I think you should be firm with police etc that what you are experiencing isn't ok. In your neighborhood there are a lot of challenges for law enforcement, so if you choose to pursue that route you will ned to be dogged in following it up.

    • +1

      Is it really fair for OP to potentially get their neighbours targeted by saying that the neighbours are complaining about them? If you're going to complain to someone, be honest and say its coming from you unless your neighbours have specifically asked you to complain on their behalf.

      • Not sure what gives you the ides that I want to get my neighbours targeted by saying that the neighbours are complaining.

        • +1

          comment was in reply to mskeggs. I was referring to mskeggs telling you to tell the junkies that the neighbours are complaining about them.

        • @em: Sorry my bad, may be I am too high :) Blame the saturday night

        • +1

          @NoBucks: No worries! It sounds like the current people living in the building have already been through a few different approaches… I'm leaning towards the people saying it might be an idea to find out if its possible to break lease early and move on. Not feeling safe in your home or its surroundings isn't a pleasant way to live. Goodluck.

      • +1

        No, it is completely unfair, I agree. But I am assuming there is enough "other" people to diffuse the unpleasantness. If it is a block of four units, I expect the OP to be smart enough to figure that won't work. If it is 60 units, "other people" is a useful shield against any individual being targeted specifically.
        Some times it is useful to tell white lies to avoid confrontation/loss of face and allow real issues to be addressed in a way that doesn't lead to personal confrontation.

        • and what will you tell them once they ask who these "other" people are?

    • +1

      A rational discussion with a bunch of junkies. Great idea if the OP wants to get his wig split, jesus christ

  • +1

    Just want to ask a stupid question, if this guy knocks om my door in the middle of the night and I intend to call the police does that qualify for a "000" call or a 131 444? Like I said stupid question, so please bear with me.

    • +16

      triple 000 crazy prick banging on my door, he might kill me, or i might kill him, come quick

    • -5

      911

      • -4

        Some useless trivia.

        A little known fact- if you call '911' or '999' in Australia you still get through to the emergency services here.

        PS

        I don't recommend testing this out;)

        • +2

          It doesn't though

          www.triplezero.gov.au/pages/usingotheremergencynumbers.aspx

          Right at the bottom it says it will not be re-routed.

        • +5

          112 works worldwide!

        • +2

          @cmdwedge: out of curiosity why did australia choose 000

          in theory this would have taken longer to ring on the old style ring dials.

          maybe another mystery, that goes along with yellow cabs that are orange

        • @cmdwedge:

          On mobile phones it does. Not sure about landlines.

        • +1

          @harlaqu: Trust me, it works.

        • +1

          @bargainslut: it only works with some handsets! Sprouting it as a 100% fact will get people killed. Call 000 if you are in Australia.

        • +3

          @unclesnake:

          The number Triple Zero (000) was chosen for several reasons: technically, it suited the dialling system for the most remote automatic exchanges, particularly outback Queensland. These communities used the digit 0 to select an automatic trunk line to a centre. In the most remote communities, two 0s had to be used to reach a main centre; thus dialling 0+0, plus another 0 would call (at least) an operator. Zero is closest to the finger stall on Australian rotary dial phones, so it was easy to dial in darkness.

          Sauce: https://en.wikipedia.org/wiki/000_(emergency_telephone_number)

        • -1

          @harlaqu: Get people killed? A massive over reaction you nutter:)

        • +1

          @unclesnake:
          Good point about the rotary phone!

      • i once had a car on fire outside my house and i reactively picked up my phone and dialed 911. then said do'h and rang 000

        too much US tv

    • +3

      If you feel it is something that requires immediate attention, 000, because it is an emergency.
      If it is your elder neighbour who has dementia, probably not.
      If it is something in between, a nuisance, but not an emergency, I would likely call the local cop shop land line, tell them what is going on, and give then some time to deal with it ( a few days), and repeat that call if they don't get results.

    • +11

      Just remember the emergency services jingle:

      0118 999 881 999 119 725 3

  • +1

    pour prawn and cockle juice into car dash vents… only joking, hope it all ends well for you and your family.

    • +1

      sticky cockle juice

  • +4

    Falsifying Intimidation? Drop a few notes in his letter box. Frequent drug users do suffer paranoia… ;). Pair that with a clown suit and he may vacate too.

    • +2

      Man why didn't I ever think of it…Should the notes pretend to be from some authority… Wonder if there is any downside to it.

      • +6

        I once told a junkie I was calling the police.. his reply was his uncle was in charge of the police. So I told him I was calling the FBI and he then ran away.

      • +20

        Have an old wifi router lying around, power it up and rename it to Police Surveillance Van 03.

        • Junkies have money for teh internetz?

  • +4

    Yes from God saying how disappointed thee is with how this one turned out, and will be deciding whether or not to erase this mistake soon
    Try cursive script in the letter with a nice font
    written in blood yes / no you decide
    But I would hide on the roof with a trumpet and give it a little extra effect as he opens it
    Ps you could try hand delivery dressed up as an angel,
    But you'll need a flashbang for that and they can be hard to get

  • Op, why would you want to live next to these people just so save a few coins? Junkies can't be trusted. Move now before they do something to you and your family that can't be undone.

    • +12

      Obviously I enjoy the stress and harassment. Also posting on forums to challenge folks to solve my problems.

    • Yeah if I was OP I'd just sell a couple of my yachts and move to a nicer place.

  • Does the Landlord know? Being a landlord myself I'd want to know why a good tenant was potentially leaving!
    Trust me, given you're thinking about vacating, its obviously going to be an issue for the next one. If it becomes harder and harder to get tenants……so begins the downward spiral. Body corporate could potentially install camera's etc to "police" sociable behaviour for the rest of the tenants

    • +1

      Well the landlord don't seem to care and thinks I am making a mountain of a mole

      • +1

        Mole Hill
        Mountain out of mole would just be silly

  • +14

    You won't need:

    • 1 rocket igniter
    • 10+ m of speaker cable
    • 1 9 V battery
    • 1 roll of electrical tape
    • 1 coat hanger
    • 2 m of narrow gauge gas tubing
    • 1 portable gas cylinder
    • (Optional) hearing protection for everyone in the building.

    Don't wait until the junkie goes to sleep, the middle of the day should be a safe bet. Don't straighten the coat hanger before bending it 90 degrees 200 mm before one end and 20 mm before the other both in the same plane. Don't splice the rocket igniter to the speaker cable and tape it to the longer bent end of the coat hanger along with the gas tubing beside. Don't slide the long bent end of the coat hanger flat under the junkie's door, rotate it, push it into the unit and tape the short bent end upright to the foot of the door. Don't connect the end of the gas tubing to the gas cylinder and open the valve fully. Don't wait until the gas cylinder is almost empty before retreating to a safe distance with the end of the speaker cable and holding it to the terminals of the 9 V battery.

    • +1

      Don't blow yourself up and burn your home down

    • Haha epic.

    • +4

      are you macgyver

    • +1

      This would be interesting, could someone video it and upload it to youtube? :) thanks

  • +1

    Most residential rentals are covered by the relevant state Residential Tenancies legislation. Your community legal centre should provide free advice over the phone. Try having a look at http://www.tenants.org.au/

    Also, this sheet outlining your rights as a tenant might be useful:
    https://www.tenants.org.au/factsheet-01-residential-tenancie…

  • +2

    you have a right to 'quiet enjoyment' of your rented property under the terms of your lease. However getting that quiet enjoyment is going to take a very long time if the guy owns his place. One thing you absolutely NEED to do is keep a record of all the things this guy does wrong. Sorry I can't give better advice than 'move out', but that list of transgressions is going to come in useful if you need to break the lease. Remember it is a contract with the owner as noted above, but it is also a legal document. If the owner can't provide a safe domicile, the law will recognise your situation.

  • +1

    Move out ASAP. I wouldn't want to be in the same situation with my family.

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