Legal Question in Landlord & Tenant Law in California

upstairs neighbor is exhibiting bizarre behavior in neighborhood. He said he is going to pay rent for July, today, but we want him out. He has a federal housing

voucher which pays for his rent. He needs help, we need him out. What can we do?


Asked on 7/06/10, 9:20 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If you are not the landlord, it is not up to you who stays and who goes. Unless his activity is either a danger to you, or is legally interfering with your right of quiet enjoyment of your apartment, you have no say in whether he stays or goes. Even if he is interfering with your rights, or endangering you, the landlord has to evict him, and your only right is to sue the landlord for failing to do so.

As a voucher recipient, understand that he is a bit harder to evict than the average tenant. If he is really bothering you that much, you may wish to leave. First step, however, have you notified the landlord of problems you are experiencing with him? The landlord cannot do anything about this guy if you don't let him know what is going on.

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Answered on 7/08/10, 4:56 pm


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