Legal Question in Civil Litigation in California

What can we do about our upstairs, unbalanced neighbor who insists on sending the police to our door over and over. We have two kids and this lady thinks the worst about every loud noist that comes from our apartment. Now we have child services speaking to our kids in school without even speaking to us first. If we can prove an pre existing pattern of erratic behavior do we have a case of harassment? Would we go after just the lady or the landlord as well since he knew about her erratic behavior before we moved in and has said so to us. She has also shown this erratic behavior to most of our surrounding neighbors as well. What can we do to protect our kids from this upstairs nut?


Asked on 9/22/09, 7:57 pm

1 Answer from Attorneys

If you can prove this pattern of erratic behavior, you can file a lawsuit and get an injunction. If you want to pick a fight with your landlord, you can probably include him with a cause of action for breach of the implied covenant of quiet enjoyment. A landlord is obligated to evict a tenant who prevents other tenants or neighbors from "quiet enjoyment" of their homes. "Quiet" in "quiet enjoyment" is not just about noise, but also includes the right to be free of harassment or anything that would constitute a nusiance. "Nusiance" is also a term of art that is beyond this format to explain.

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Answered on 9/22/09, 8:18 pm


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