Legal Question in Landlord & Tenant Law in California
We are both deaf, and one is mentally disabled. The landlord stated that the person with the mental disabilities' outbursts is disturbing the other tenants peace and quiet enjoyment. The argument here is how much disturbance from the mentally ill person can be considered a violation of peace and quiet enjoyment? The outburst being described as loud yelling, and swearing for a duration of 30 minutes or less, and occasional door slamming in same duration. It occurs once every 2 or 3 months. Does the fact that the tenants is deaf precludes the loud noise argument? Has any deaf tenants been evicted for being loud? The traffic from Beach Blvd is much louder and longer duration, than the deaf mentally ill patient.
1 Answer from Attorneys
Remind you landlord of the following:
Federal law prohibits discrimination against people who:
1) have a physical or mental disability that substantially limits one or more major life activities�including, but not limited to, hearing, mobility and visual impairments; chronic alcoholism (but only if it is being addressed through a recovery program); mental illness; mental retardation; being HIV-positive, having AIDS or AIDS-Related Complex have a history or record of such a disability, or are regarded by others to have such a disability.
Tell them you will are discussing this with an attorney that specializes in ADA lawsuits. Then, find you an ADA attorney locally. Most are free for the first consultation. ADA stands for Americans with Disabilities Act.
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