Legal Question in Landlord & Tenant Law in California

Landlord gets paid 62K for sewer project & tenant gets all the grief!!

We orginally leased a home on 3+ acres in 2/03 for 1 yr after that we became a month to month tenant. Our property is managed by prop mgmt co who took over after we signed lease and moved in. In late 03 unknown to us, our prop. owner entered in to a agreement with county which resulted in his receiving over 62K and they a 40ft perm easement. We did not find out that the sewer project was going to be ran directly thru the front of our property, and would include the removal of a ''berm'' (10 ft tall dirt wall providing privavcy & sound barrier from very busy blvd. that was the length of our property) since 3/05 when the cty told us and imd removed berm we are living with increased traffic noise contractor workers on our prop. no privacy, alot of dust, my horses being boarded (they have never been in over 6-7 yrs and resulted in several problems and now after 6 months of that, we now get a 35 ft deep pit so the can underground trench pipe! cutting us off from parking and overall enjoyment of our prop. we were never notified the owner was paid alot of $ & we get 0$ & all the grief! We want to move but are unable to because of not having $ to move,etc we are cautious about suing . Need some advice fast!!! we are in sacramento area THX


Asked on 9/17/05, 8:09 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord gets paid 62K for sewer project & tenant gets all the grief!!

It sounds like you're being constructively evicted (figuratively and literally). Talk to a landlord/tenant lawyer nearby. You might be able to get money back on your rent because of the construction and interference with the quiet enjoyment of your rented property.

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Answered on 9/17/05, 10:34 am


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