Legal Question in Landlord & Tenant Law in California
Rights of tenants WITHOUT children
I applaud fair housing laws that protect families with children, but need to know what my rights are as a tenant without kids. Young children (3-7 yrs) in my building play outside unattended daily. They continually run up and down the stairs to my unit and congregate on the steps and landing, hindering my safety and access to the unit. They will not move when I need to use the stairs. These stairs serve my unit alone, so there is no need for the kids to use them at all. Their presence invades my peace and privacy, and exposes me to liabilty and injury if they, or I, were to fall and get hurt. Toys are left blocking common area walkways. They also ride bikes recklessly in complex's only driveway, creating a traffic/safety hazard for everyone. Management is not doing anything, and talking to the parents has not solved the problem. They apologize, but will not supervise the kids. CA law protects kids' rights to play outdoors, but does that mean that I am required to be victimized by other's children taking posession of spaces for which I am paying rent? What can I legally insist that management do to provide for my safety/quiet enjoyment? Normal noise and mayhem is not the issue, but kids invading my home, safety, and privacy is.
1 Answer from Attorneys
Re: Rights of tenants WITHOUT children
Write management a certified letter (return receipt requested) regarding the problem, and state that you consider these intrusions by the children as violating your right to quiet enjoyment of the premises, as well as being a nuisance, and interfering with the warrant of habitability. (I think that is the longest sentence I ever wrote!).
Use the verbiage which I used.
Give the landlord/management 7 days to make the adjustment.
At that point, decide whether you want to file a law suit (in Small Claims Court), or break the lease and move.
If you need more, e-mail, or call, my office.
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