Legal Question in Landlord & Tenant Law in California

The owner/resident living above my condo unit (a rental) is making it difficult for my property management company to show my unit to prospective tenants. This owner taped over the "For Rent" sign in my condo unit window and ambushed the property management rep when he brought a prospective tenant, telling him that she needed to approve the next tenant. Her behavior scared away the prospective tenant, who left without looking at the unit. Background data: This owner harassed my previous tenant for two years because my tenant smoked. The owner complained that smoke entered her unit - even though the ventilation systems are separate and the HOA hired a contractor to seal everything in her unit. She has harassed my former tenant, me, my property management company, and the HOA with vile emails for two years. Now she is making it difficult to show and rent my condo. Q. WHAT CAN I DO LEGALLY TO STOP THIS OWNER FROM MAKING IT DIFFICULT TO SHOW MY UNIT? I was going to start inexpensively with a letter from an attorney warning her of legal consequences if she continued to make it difficult for prospective tenants to see my unit.

Thanks for your advice.


Asked on 3/04/11, 7:57 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You could threaten her with a Small Claims Court suit for intentional interference with economic advantage [i.e., interfering with your being able to rent your unit out], trespass for going onto your part of the private community space to tape over the for rent sign [can you put it on the inside of a window so that she can not get to it], nuisance, etc. You also need the HOA management to get involved. A strong letter from an attorney might buy you some peace for a few weeks but you also need to figure out ways to get around her, such as having showings when she is not there, trying to get her out of her unit by having some one take her to lunch or find out events she likes and get some one to mention it to her. It will not be easy.

I charge $100 per hour for the time I spend; I would need more background information from you and preparing a letter might involve about 60-90 minutes. If you want me to help you can reach me at [email protected] or (510) 441-2684.

Good luck.

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Answered on 3/04/11, 9:37 pm


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