Legal Question in Real Estate Law in California

Re: Invasion of privacy, harassment by landlord - what is legal defense?

Thank you for your inquiry.

I am sorry that you find yourself in the circumstances you have described. There are several possible claims you might bring in a court of law to address the problem. Some of these are set forth below.

1) Intentional Infliction of Emotional Distress. This is a tort claim which provides for money damages. In order to succeed, you must establish that the conduct engaged in was extreme and outrageous, that it was done with the intent to cause you severe emotional distress, and that the conduct did in fact cause you severe emotional distress.

2) There is a civil privacy claims which might apply, intrusion upon your affairs or seclusion in a manner objectionable to a reasonable person.

3) In California there is a civil stalking statute. To succeed you must satisfy a four (4) part test: a) Is there evidence of a pattern of conduct evidencing a continuity of purpose, and which has no legitimate purpose, the intent of which was to follow, harass, seriously alarm, annoy, torment, or terrorize a specifically chosen target? AND b) Is there evidence that the target reasonably feared for their safety? AND

c) Is there evidence that the harasser made at least one credible threat to the target with the intent to place the target in reasonable fear for their safety, and with the apparent ability to carry out the threat? AND

d) Is there evidence that on at least one occasion, the target clearly and definitively demanded that the harasser cease and abate their pattern of conduct and the harasser persisted in their pattern of conduct?

It sounds like you are aware of the violations he has committed relative to his position as a landlord. It is always a good idea to document each instance of harassing behavior -- a journal and anything else you can collect as evidence should be maintained. The behavior you describe does in fact appear to be quite disturbing. If it continues you may want to have an attorney write a very strong demand letter to let him know this conduct must stop. Should you need legal assistance, please do not hesitate to contact me directly.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Re: Invasion of privacy, harassment by landlord - what is legal defense?

You can file a petition for an injunction to prohibit harassment. If you win, the court may (but not necessarily) grant your costs and attorney fees.

Let me know if you want help. 925-924-0100