Legal Question in Landlord & Tenant Law in California

I am a tenant that has let my landlord know about an ongoing situation with another one of his tenants. The other tenant was harrasing, stalking, threated my life and my husband and he is aggresive, I had to get a restraning order and when he was served he phycially hit the one that served him after everything I no longer felt safe and the landlord did nothing about the other tenant. Can I use civil code 1942 as an uninhabitable unit due to nuisance that endangers my health, life, and safety and move out without being fined with money since landlord did nothing to fix the issue


Asked on 9/02/11, 10:09 am

2 Answers from Attorneys

No, that is not a habitability issue. You may, however, have grounds to terminate the lease for violation of the implied covenant of quiet enjoyment. You should contact a local tenants rights group in your area.

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Answered on 9/02/11, 10:14 am
George Shers Law Offices of Georges H. Shers

Habitability refers to the condition of the unit, not something outside of it [if your reserved parking space was made unusable, that also would not be an issue of habitability]. Also, what could the landlord have done? There might be grounds for a three day notice for committing a crime, but the tenant would deny the allegation and could delay any eviction, if one would occur, for 3-4 months.

After speaking to a a tenant rights group, politely speak to the landlord to see what can be worked out.

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Answered on 9/02/11, 10:49 am


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