Legal Question in Landlord & Tenant Law in California

My husband and I are renting a home in the Bay Area (California) and the neighbors are close friends of the owners of the house we're renting. The landlord mentioned in our initial meeting that the neighbors beside us were going to watch over the house for them and to call them if we needed any repairs in the house because the guy was pretty handy. What we didn't expect is that they meant 'literally'! They constantly peer at our house/backyard daily and keep their blinds upstairs closed accept one blind twisted downward towards the backyard/lower level of our house. The back of our house (corner lot) faces the side of their house. I have felt like constant eyes are always on us. When my oldest daughter moved back home she came to me and told me she felt the same thing without me ever telling her my feelings on the topic. It's like having a peeping tom live next door.

Since we've moved in over a year ago, the guy next door has pushed his way passed me on two occasions to look at the house as if trying to find any damage while talking about the matter that I originally called him about (the oven), but looking everywhere but the kitchen. He's also walking into our backyard unannounced and scared the crap out of me. He's also looked through our back yard fence to find my oldest daughter tanning in the backyard and said only the word 'Hi!' that really creeped her out. No introduction. Just letting her know he was there watching.

With as much as we pay rent here, want to know if we can break our lease legally due to violations of the right to possession, trespassing, etc? I'm tired of feeling nervous day after day while living in my own home. What can we do legally??


Asked on 5/17/11, 9:16 am

1 Answer from Attorneys

You have a passable case for breach of the implied covenant of quiet enjoyment. You definitely have at least one event of trespass due to the neighbor walking into your yard. There are, however, a lot of possible options for resolving this short of trying to break your lease which would most likely be the hardest to do from a legal standpoint. There is a general rule of contracts that a party who claims a breach of contract, such as the implied term of quiet enjoyment, must continue to perform or stand ready to perform their obligations. There are plenty of exceptions, but it's always better from a legal standpoint not to have to prove you are entitled to an exception. I would suggest you start by complaining to the owner, in person or by phone, but followed up with a "just to confirm our conversation [state when conversation occured], I said [. . .], you said/agreed [. . .]" letter. Make a record of your compliants that way. Maybe he will get his friend to back off, and if not, then you will have solid proof of the problem and his failure to do anything about it. You will then be in a solid position to have an attorney escallate it for you with a cease and desist letter, followed by either a lease cancellation notice or an action for restraining orders.

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Answered on 5/17/11, 12:04 pm


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