Legal Question in Real Estate Law in California

I own a condo in California and rent it out as I now reside in New York. My reliable tenant who wished to remain in the condo chose not to renew his lease with me due to the downstairs homeowner's barking dogs. This has been an ongoing noise problem with this neighbor and I am considering suing her in small claims court for the loss of rental income I otherwise would have received. My former tenant and property manager will speak to the noise issue in front of a judge but they never made any noise complaints to the police. Do I have a case worthy of going to small claims court? Will the lack of a police report negatively impact me if I go to small claims court against this neighbor? Thank you for any advice you can provide me.


Asked on 1/04/11, 12:27 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's hard to predict whether failure to involve the police will be a deciding factor. Small-claims judges are even less predictable than superior court judges. Perhaps the outcome will depend upon whether the jurisdiction (city or county) criminalizes barking dogs, i.e., makes it an infraction or misdemeanor to harbor them. In the absence of a law to enforce, the police would not have a basis to respond and therefore calling them would be pointless. However, I think you have a bigger problem recovering lost rent in that, so far, you haven't lost any.

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Answered on 1/09/11, 1:58 pm
Anthony Roach Law Office of Anthony A. Roach

Contrary to popular belief, police reports are generally inadmissible in California courts, whether that proceeding is criminal or civil. The reason is that they contain nothing but inadmissible hearsay, often taken down by a police officer who was not a witness to anything in the report. The statements are made by people who are not under oath, and are not subject to cross-examination.

Mr. Whipple makes a valid point, in that you need to attempt to mitigate your damages by finding a new renter. While you are looking for a new renter, you should address the barking dog problem with your neighbors.

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Answered on 1/10/11, 8:35 am


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