Legal Question in Landlord & Tenant Law in California

Question regarding Right To Quiet Enjoyment:

We're home owners and have a renting neighbor (not from us), who's close proximity has become an issue. Especially regarding her current use of an extremely bright porch light that shines right into our bedroom window, illuminates our whole backyard and essentially bars us from enjoying the dark of night at bedtime without the use of back out curtains which in turn bars us from waking up with the sun, you know, like normal people get to do.

After a spat with her negligent landlord about mice that have been coming from this unmanaged property, the city came, deemed it finable and now the landlord and tenant are at odds. The tenant is slated to leave in February but, she has taken it upon herself to be vindictive and use the porch light against us at the urging of the landlord. As well as the most of the interior lights. Essentially, at night, this whole house is illuminated, probably with the exception of whatever room she sleeps in.

We spoke to the tenant a while back about the lights so, she knows it's a disturbance, thus this childish retribution.

My question is: Do "disturbing lights" fall under The Quiet Right clause?

And what would be the first step to take in approaching this. We already have problems with both landlord and tenant (two peas in a pod) but, this needs to be settled ASAP.

~Loosing sleep in CA.


Asked on 11/09/09, 12:58 pm

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

Talk to her again, as you have little to lose from doing so. Ask the landlord to get her to stop; what makes he upset should make him happy. See if the police will do anything [likely will not]. As a last resort, tell landlord if it does not stop you only alternative is to sue in Small Claims Court, and that you had read after filiing one suit person could then file another alleging that it wa a new incident. See if you can get some pesky flies that have a short life span but are attracted by bright light.

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Answered on 11/14/09, 11:59 pm


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