Legal Question in Landlord & Tenant Law in California
Im not even sure if this is a criminal case, but it is harassment i think. My neighbor came to me yesterday complaining of me fighting with someone between the hours of 1am-6am the previous night. I admitted to having someone over and having an argument, but they left instantly. She told me i was lying that i had been screaming with someone from 1am-6am. She said she had neighbors that heard the event with her. (There had be NO screaming from those hours. I turned on my raidio, Patsy Cline, low while I fell asleep,but nothing else.) I told her that she must have heard someone else, and at that point she tried to shove her way into my apartment. I pushed her back using the door, and then she held the door open with her hand. Finally I got my door shut. Since then, in the past 24 hours, she has contacted every tenant in the building and some in the apartment next door and is now trying to get my landlord to evict me. There have never been police called to my apartment for noise, or anything else for that matter. But she is now determined to have me out of the building. What can i do? Im afraid she'll try to do anythng to get me out of the building, along with either forceing herself in again, or coming in while I'm away. Is there anything i can do?
1 Answer from Attorneys
Talk to the manager about what happened that night and what she claims, and that she has attempted to force her way into your unit, whcih is trespassing. Her pushing you is a battery. Her telling others false stories is a civil tort/wrong called defamation.
The problem is that the manager will have to decide whose month to month tenancy he will not renew; if she has not casued troubles before and lived ther longer than you, he might ask you to leave. But you have to face the problem. You could sue her in Small Claims Court.