Legal Question in Real Estate Law in California

disturbing the peace

I'm renting a duplex and my bedroom is separated from my next-door neighbors by

a very thin wall. My neighbors have a dog (with my landlady's consent) which

starts barking and running around the house starting at about 6am every morning

and wakes me up every day, long before I want to wake up, especially on weekends.

I've complained to my landlady several times about the dog and the last time I did

that, she got upset and said she's doing something about it but the situation

has actually gotten worse. She also said it is not her responsibility to help

resolve problems between her tenants.

Lately, my neighbors have been intentionally making lots more noise to annoy me,

probably in retaliation for complaining. I've been sleeping in my living room

soon after they moved in about a year ago and have also been trying to stay away

from my home as much as possible.

There is a clause in the lease agreement which says that a tenant cannot disturb

the peace and prevent the neighbors' peaceful enjoyment of the premises. Isn't it

my landlady's responsibility to enforce this?

Is there anything else I can do other than to move out?


Asked on 5/22/00, 1:17 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: disturbing the peace

You are entitled to peaceful enjoyment of your premises and it is the landlord's job to enforce the peace. Send her a note in writing, keeping a copy, give her 10 days to correct the situation. Also call the police and file a complaint. You can even sue her if she does nothing for some amount of money which compensates you for your lost enjoyment. You must either go to battle for yourself or move.

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Answered on 7/04/00, 6:16 pm


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