BobKamman
Level 15
03-12-2022
04:30 PM
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Because it had bad feng shui, perhaps? But that was foreseeable.
The question is whether "You couldn’t have reasonably anticipated the situation when you bought the home." I have a friend whose townhouse is very near another where a convicted felon with a warrant out for his arrest on another charge just moved in. It was purchased by the guy's mother, so it's not a case of an undesirable tenant who might have to move soon. My friend has already filed for an order of protection because of incidents that have happened involving this neighbor. I would call that the kind of situation where the shorter occupancy rule would apply. In other words, it's a "facts and circumstances" case.