Legal Question in Landlord & Tenant Law in California

I witnessed a neighbor who supposedly is a retired San Diego Sheriff deputy with his son outside our apartment, with friends, smoking marijuana. I confronted them and later told our onsite management. His reply was I will make sure to tell everyone to keep the drug use inside their apartments. To my knowledge nothing ever happenend with that complaint & I want to know what was managements responsibility? If we are in a drug free zone per our rental agreement and nothing was done (management does drugs also & upper management from property management says you don't like it, move) Is that neglect? What is their obligation? Because now we have multiple units blatently using drugs. This same neighbor has an adult son that lives with him & is currently on probation for unrelated crime & did several months in jail.With these activities bring noise and traffic & again, I tell management and nothing happens. What can I do? This is not the only drug incident I've witnessed and reported to our manager.


Asked on 4/12/10, 2:02 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Remember that your landlord and his managers are not law enforcement. They can only enforce the rules of the apartment complex, and that is it. Illegal drug activity might be grounds for the manager to evict the tenants, but their obligation to do so is not absolute. You need to contact the police and report the activity. The better option, however, is to move away from the problem. Because it appears to be so wide spread, and the management appears to be doing nothing to deal with the problem, your best option is to leave and move to a better location. Calling the police, believe it or not, may still not fix the problem.

While I hate to agree with someone who appears to be a "lazy" manager unwilling to fix the problem, the practical and realistic answer is that your life will be much better if you simply move to a complex which does not suffer from these problems.

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Answered on 4/21/10, 10:57 am


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