Legal Question in Criminal Law in California

neighbor making death threats

I live in an apt bldg. My next door neighbor yells frequently at barking dogs in the middle of the night, which is very disturbing and frightening, and he always yells curse words. A few of us have complained about the yelling. Last night, I could hear this neighbor through the wall having a phone conversation, and he repeatedly talked very loudly about wanting to kill the neighbors, the dogs, and the landlord, and used explicit description about how he would kill them with a baseball bat.

Should I tell my landlord? Does this neighbor have the right to a personal conversation, even if I can hear it through the wall? Does my landlord have the rights to evict my neighbor based on his threats and frequent yelling? I am afraid for my personal safety if this neighbor finds out that I can hear him and am reporting him. What protections do I have?

Thank you.


Asked on 4/10/06, 2:45 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: neighbor making death threats

If you can tape-record your neighbor's through-the-wall rantings and they are as you described, you may be able to get the cops interested. "Making terrorist threats" is a felony criminal offense.

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Answered on 4/10/06, 5:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: neighbor making death threats

Mr. Stone is right that making such threats is a crime, but it's only a crime if the person making them knows or believes that the person at whom the threats are directed can hear them. Your neighbor probably doesn't realize you can hear him through the wall; even if he does, he probably doesn't know when you're home. Proving such a charge against him would be difficult.

Fortunately, you have other options. Tell your landlord what you overheard. Many landlords will evict a tenant just for making that much noise, regardless of the details. The fact that this man was talking abut killing you, your neighbors and the landlord himself should be enough to get him tossed out right away.

You also have the option of calling the police and telling them what you overheard. They will at least want to know about this incident and they may have a talk with the neighbor, and they might charge him with disturbing the peace. I wouldn't be surprised if this man has a criminal record; if he happens to be on probation and the police, while talking to him, find evidence that he's violating the terms of his probation, they'll probably take him away in handcuffs then and there.

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Answered on 4/11/06, 1:33 am


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