Legal Question in Landlord & Tenant Law in California
I'm living in a small apartment complex, and a while back they rented one unit to supposedly exchange students. First they kept blocking my parking spot which turned into a nasty situation, and when another couple moved out, the same group of renters of foreign origin rented that apartment as well. There is a connection between the maintenance guy and these so-called exchange students, and thereafter, when a third party moved out, they rented that as well. Ever since things have gotten pretty uncomfortable, not only for me, but all the other tenants who are not part of this group as well (tenants from five units, me included). The reason why I doubt that they are exchange students is the fact that there are a lot of different people sleeping in these apartments, sometimes they change daily, and they appear to be more than three per apartment (these are one bedroom apartments), it is hard to keep track because of new faces almost daily. Also, I saw girls dropped off in limousines, ect. They create a really bad vibe, hanging out in front of other people's doors, yell around in the middle of the night, leave the gate open during the day and at night for the purpose of other people getting in (assuming for those who don't have keys), it's very uncomfortable, plus I feel a bit threatened. I was gonna write to the manager (I already complained per email a few times), with the support of the other tenants who are bothered as well, but I don't know how to go about this. Any advice?
1 Answer from Attorneys
These people/neighbors and their invitees are a nuisance in other words. In every lease is the covenant of quiet enjoyment, which in your case is being breached by these unruly band of tenants and their invitees. You need to complain in writing each time the noise disturbs you, each time they block your parking space, etc. Notice, I said that you need to complain in writing.
If you complain in writing, saving copies of all of such letters, and your landlord does nothing, you have a cause of action against your landlord for your landlord's failure to do something about these tenants. You also have a cause of action against the tenants.
If there is a breach of the peace or the tenants or others become threatening, call the police and then follow up the event with a letter to your landlord. Ask the officer how you can obtain a copy of the police report for future reference. Save all of the letters and police reports to show that you did complain and that you did not sit on your rights.
If you want to move out, chances are if you document these occurrences with letters, etc., your landlord will let you out of your lease early, but make sure that your landlord confirms in writing that he is letting you out of your lease before you incur the expense of moving.
If you do not want to be let out of your lease, then you can sue the landlord for his breaches of the covenant of quiet enjoyment in the small claims court and receive up to $7500 in damages. Contact the Small Claims Court legal adviser where you live for further information.
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