Legal Question in Landlord & Tenant Law in California

First, you cannot stop paying rent. You do have a right to quiet enjoyment of your rental (the room), and if the landlord has breached that covenant that is implied in all rentals, then you have the right to terminate your rental agreement and move. Alternatively, if you want to be more aggressive you can demand that the landlord evict the other tenant or get him under control. All that being said, a lot of what you talk about is really lifestyle issues, and may not reach the level of nuisance or breach of the covenant of quiet enjoyment. We're dealing exclusively with State law issues and if he has a medicinal marijuana card, then the use of that is not illegal, and therefore probably not a vilation of your rights. Certainly with all of the issues you discussed above, it might rise to that level, but much of what you discuss really affects the landlord and not you.

The problem, however, is that you will almost certainly have to file suit to force her to evict him, which puts you very cross-wise with the landlord. Your situation is one that may have some legal remedies, but practically speaking it is going to end poorly no matter what you do. Tell the landlord that she has a legal obligation to preserve your right to quiet enjoyment of the rental, and that if she does not you will sue her or move out. You can consult with a tenant's right attorney, but you may find that the cost to enforce your rights may be more than you want to spend, and moving may be the easiest and least-expensive option. Also, keep calling the police about the sale of marijuana - that is clearly illegal, but only the people who can deal with illegal activity properly are the police.

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