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Family Flees 'Haunted House,' Sues Landlord

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posted on Apr, 14 2012 @ 04:39 PM
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I searched the through ATS but didn't find this posted by anyone, I know it also could fit in a couple of different forums, but thought the best fit would be in the paranormal forum.

A New Jersey couple is suing their landlord for a refund after they said paranormal activity caused them to flee their rental home.A New Jersey couple is suing their landlord for a refund after they said paranormal activity caused them to flee their rental home.

Michele Callan and her fiance, Josue Chinchilla, moved into the home in Toms River, N.J., with Callan's two children on March 1 and were immediately spooked.

"Three taps on the TV, taps on the shoulder…" Chinchilla told ABC News.

At first they chalked it up to the adjustment period of moving into a new home.

But things only got spookier, they said.

Doors opened and closed. The family even claimed they recorded strange voices whispering, "Let it burn."

Family Flees "Haunted House", Sues Landlord

Well there's a new concept. I wonder if they really even have a case. I don't know how disclosure works in NJ but I don't think that it includes apparently disclosing a "maybe" haunting. I don't know, I think they are just trying to extort money, since they have lived there a relatively short time without taking any other avenues like cleansing the place or having investigators out. I bet the courts will want investigations done in order to rule whether or not they even have a case.
edit on 14-4-2012 by ldyserenity because: because I had to put in the rest of the wording I wanted in



posted on Apr, 14 2012 @ 04:42 PM
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reply to post by ldyserenity
 


I don't know about other states, but in mine. Real Estate Agents must disclose if there has been a previous death in the home to potential buyers.

Des



posted on Apr, 14 2012 @ 04:45 PM
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reply to post by ldyserenity
 


How awesome would it be if they ordered an official investigation into the house. As if to say the court acknowledged that it COULD be haunted. A SERIOUS investigation into ghosts/paranormal instead of the garbage on TV would be spectacular.



posted on Apr, 14 2012 @ 04:45 PM
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Originally posted by Destinyone
reply to post by ldyserenity
 


I don't know about other states, but in mine. Real Estate Agents must disclose if there has been a previous death in the home to potential buyers.

Des




Yes, that's true, but Death doesn't always = Haunted and neither does haunting always = death in the home...could be anything from the nether world. Land has a long history even before these homes are built on them and there are also doorways that just happen to be in certain spots where people build. So yes, death in the home would have to be disclosed but a history of haunting? Who knows?



posted on Apr, 14 2012 @ 04:48 PM
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Originally posted by Bigfoot12714
reply to post by ldyserenity
 


How awesome would it be if they ordered an official investigation into the house. As if to say the court acknowledged that it COULD be haunted. A SERIOUS investigation into ghosts/paranormal instead of the garbage on TV would be spectacular.



I'm saying...but most likely they will probably just laugh the couple right out of court. HAHA. If I was the judge, I would definately order a full in depth investigation. It would be nice if they do.



posted on Apr, 14 2012 @ 04:48 PM
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It differs from state to state but in Texas real estate agents or home owners must disclose if the home is haunted.

Of course the agents won't always know that but if the house has a history but the new residents are not warned, it can have legal grounds for lawsuits.

It sounds silly to me but that is the law down here if that helps anyone.
edit on 4/14/2012 by AshleyD because: (no reason given)



posted on Apr, 14 2012 @ 04:53 PM
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Cases rely on evidence, if there is none, they have no case. A recording of a voice will not be sufficient evidence.

This will either be thrown out, or someone with some influence will order a genuine investigation - that could be groundbreaking.

I'm thinking it'll be thrown out.

Also, I don't think disclosing a previous death in the house has anything to do with haunting cases. That has more to do with the idea of living somewhere where another person has died. Would you want your child to sleep in a room where someone had died before, even if there was no evidence of haunting? I'm sure I wouldn't worry about it, but I know millions of parents would.



posted on Apr, 14 2012 @ 04:56 PM
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Originally posted by Destinyone
reply to post by ldyserenity
 


I don't know about other states, but in mine. Real Estate Agents must disclose if there has been a previous death in the home to potential buyers.

Des



To potential buyers. Probably wouldn't apply to landlords renting out the home though.



posted on Apr, 14 2012 @ 05:01 PM
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Originally posted by Destinyone
reply to post by ldyserenity
 


I don't know about other states, but in mine. Real Estate Agents must disclose if there has been a previous death in the home to potential buyers.

Des



in my state this is not required...
ive posted about my story before....but to summarize, when i was shopping to buy a house, i came across one that i truly believe must have had someone die in it or something horrible happen in the home....there was some serious uneasiness in the house, especially in the newly renovated basement. i was totally creeped out....w/ hair standing on end and goosebumps and the need to flee feeling....

my realtor said he would not be able to disclose if anything had happened there...

i didnt like the house outside of that....but the creep factor still gives me the chills 3 years later....


ETA...
there is a house near me where 2 young children were murdered by their mom recently.....and the house was for sale and I believe sold.....im wondering if they knew about this....
edit on April 14th 2012 by greeneyedleo because: (no reason given)



posted on Apr, 14 2012 @ 05:09 PM
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reply to post by ldyserenity
 





I wonder if they really even have a case


I wish them luck trying to prove a haunting

Maybe they should try
Judge Judy

Cran



posted on Apr, 14 2012 @ 05:11 PM
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reply to post by greeneyedleo
 


That is awful about the mother murdering her two children so sad. I am willing to bet they either didn't know or maybe they do and they are sick people who are "into" that kind of thing. If the latter they are truly sick I would not be able to live in a home like that, It would just make me nauseous to know that and think about it. Ugh.



posted on Apr, 14 2012 @ 05:13 PM
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reply to post by ldyserenity
 

and so they should.

i'm pretty sure that in Australia the seller must tell the buyer that the house is haunted. i think it comes under property condition or disclosure of pre-existing conditions, same as the buyer must know if there has been a murder in the house.
i'm not sure about other countries though.

oh i found one case here in America Stambovsky v Ackley

Whateva



posted on Apr, 14 2012 @ 05:18 PM
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reply to post by Whateva69
 


Wow so I guess they could win I mean NJ pretty much follows NY laws and court cases. Wow, I have to say this is news to me. A real court case found on the side of the complaintant. WOW.
Just boggles the mind. Lol.



posted on Apr, 14 2012 @ 05:21 PM
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How can it be a Law that the realtor has to disclose hauntings if no everyone even acknowledges them? That doesn't make any since to me.



posted on Apr, 14 2012 @ 05:28 PM
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Originally posted by ldyserenity
reply to post by greeneyedleo
 


That is awful about the mother murdering her two children so sad. I am willing to bet they either didn't know or maybe they do and they are sick people who are "into" that kind of thing. If the latter they are truly sick I would not be able to live in a home like that, It would just make me nauseous to know that and think about it. Ugh.


on the other hand think of how much joy and new energy your family could bring into a home where this has happened, just because some places are haunted doesn't mean there evil haunting s.

I think sometimes even Ghosts need a friend, you might have to lay out some ground rules though lol you wouldn't want them following you to the bathroom for instance.


Whateva



posted on Apr, 14 2012 @ 05:37 PM
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reply to post by AshleyD
 




If this matter went to court you would have to provide at least video evidence proof of ghosts phantoms poltergiests etc i do not think any judge could make an informed decision on a case like this
If i was the seller in a case like this i would put the said video on ATS were it would be debunked as
Cgi
Shadows tricks of light or plainly
Fake
And use that as my defence

Cran

edit on 14-4-2012 by cranspace because: spellcheck



posted on Apr, 14 2012 @ 05:44 PM
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You can basically sue someone for just LOOKING at you up in the Northeast..

Up there, you can come home to a scumbag home intruder fleeing from your home after having just raped your wife, fleeing with a gun in one hand and a sac of all your valuable belongings in the other, and when he falls on your property, he can SUE YOU and WIN!!
edit on 14-4-2012 by HangTheTraitors because: (no reason given)



posted on Apr, 14 2012 @ 06:31 PM
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reply to post by BrittanyLea
 


To anser your question, the seller has to disclose that at closing or when the house is originally placed on the market. I had to hear all about it when I bought my first house.



posted on Apr, 14 2012 @ 06:35 PM
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I've lived in some pretty shady houses and apartments during my life. Several places where the previous tenant had committed suicide, a creepy old farmhouse that had been unlived in for more than a decade. Not once did I experience anything I would call paranormal, though I can't completely discount another person's experience. But I would suggest a fair amount of critical thinking.

It's easy for people to get freaked out and feel uneasy in an unfimiliar environment, such as a new apartment. Taps in the walls can be attributed to wind, rodents in the walls, a number of other things.

I'm not saying that I believe its impossile that they were frightened from their home by something paranormal, but I retain a healthy amount of skepticism.



posted on Apr, 14 2012 @ 10:14 PM
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reply to post by Monger
 


Yeah the video isn't too convincing unless the renters' want to sue over rodents or bugs because I have had bugs turn on tvs from crawling inside, which the light going on during the taping could be either rodents or bugs up in their walls. That is easily discounted, opening and closing doors can be attributed to an unbalanced or crumbling foundation or the doors being hung wrong, which is also valid for a lawsuit. They should get building inspectors and terminix in there, I am thinking. If those prove fruitless, then I'd say involve the Paranormal Investigators. It's easy for Landlords to bribe building inspectors to get a place rented out, not so easy when it's a public case. Just saying.




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