Legal Question in Real Estate Law in California

Harrassed by Surround ing Tenants and Lanlord

I have resided in a nice modest condo for 6 years. I choose this place because of its privacy and beauty. This location has 24hr security and is very well maintained. I have been harassed by tenants for 5 yrs who state I am loud and obnoxious. I work 12hrs days and barely live there. When i get off of work i like to relax and shower/bathe- I get the security at my door step all the time because I shower at 9pm or flush the toilets at nite. I have mentioned this to my lanlord who has done nothing to stop it. Its getting worse because now rumors are being spread. I dont want to move because I cannot afford to nor should I. PLEASE HELP. I dont know where to turn. Thanks.............


Asked on 12/13/01, 2:38 pm

2 Answers from Attorneys

Wayne Smith Wayne V. R. Smith

Re: Harrassed by Surround ing Tenants and Lanlord

A tenant has a right to quiet enjoyment of the premises. This is a legal term meaning the landlord cannot interfere with the tenant's lawful use of the premises withour just cause so long as the tenant pays the rent and abides by the terms of the lease. Assuming this is true, you are in a bad spot. It makes no sense that the police respond to a call about a toilet flushing or a shower running. But if this is all it is, then the landlord's inaction might be a breach of his covenant of quiet enjoyment. Try approaching the landlord from this point of view, and have the landlord confront the other tenants who are calling the police. Their names will be on the police reports.

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Answered on 12/13/01, 3:08 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Harrassed by Surround ing Tenants and Lanlord

It appears that the people showing up at your door are security people, who are employees of the landlord.

Assuming that you are abiding by the rules of the complex, they would not have the right to come to talk to you unless you are violating those rules. Flushing of toilets and taking showers (I don't care if it is 3AM, unless you sing loudly and badly) could not be valid violations of the rules.

If the security people you are talking about are the landlord's employees, then he is violating your right to quiet enjoyment, and can be liable for a civil action. Inform the landlord that you intend to obtain a restraining order if the conduct persists.

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Answered on 12/13/01, 3:30 pm


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