Legal Question in Landlord & Tenant Law in California
Zoning an swimming pools
Can an apartment complex, all of a sudden place a large,inflatable swimming pool,and children's play area in the fenced in breeze way area between two apartment buildings?
The pool is really close to the two buildings and right next to the bedroom windows of several tenants. There was no notice of this and I signed a lease before this went up, am I still bound by my lease?
1 Answer from Attorneys
Re: Zoning an swimming pools
No! The law is clear that you are entitled to the quiet possession of your apartment. Assuming a judge feels that this action violates the lease, the lease is broken and you are entitled to damages.
If I were you, I would bring this to the attention of the landlord and/or property management company, and try to negotiate regarding damages. You also should send a certified letter (return receipt), and, obviously keep a copy. This will be evidence, if and when you get to trial.
As you pointed out in the title to your question, it may also be a zoning violation.
It might be better to have a lawyer write a strong letter on your behalf. Let me know by e-mail or phone, if I can advise you on anything else.
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