Legal Question in Landlord & Tenant Law in California

about 6 months ago i was assulted by my next door neighbor`s friend for going over there and telling them to keep it down.2 days prior to the assult i told the manager to do something about it and he refused.I then called the owner the following day and he also did nothing about it.So the day after taking matters into my own hands i was then assulted.I had also called the police a couple of times,but as soon as they left the neighbors would get loud again.The police also told me this was something the manager and owner should take care of.Is there anything i can do against the owner or manager for not taking action?


Asked on 8/30/10, 9:33 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

As to the assault, the owner and manager probably are not legally liable. They could not reasonably foresee that a friend of your neighbor would hit you. They owed no duty to you to protect you from that friend.

The person who hit you, and perhaps the neighbor can be sued. The person who hit you probabaly has no money. The neighbor might have renter's insurance to protect anyone injured in his rented area; but insurance only covers negligent acts so you would have to allege negligence on the part of the renter.

Speak to the ower about having the tenant evicted or not having his lease renewed because of the commission of a crime and the notice, which is also a minor crime of disturbing the peace. Point out that either the neighbor moves or you do [assuming you have been a good tenant]..

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Answered on 9/04/10, 9:48 am


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