Legal Question in Real Estate Law in California

Privacy Wall

Neighbors started a construction project and tore down the thick

landscaping that covered a fence and divided the properties

leaving our bedroom/backyard completely exposed to the

construction going on. Considering it did not look like this when

we determined to move in, is the landlord &/or property manager

responsible for putting up some sort of wall or barrier for us. We

talked to the neighbors and they have no intention of putting up

a privacy wall until after the construction is over.


Asked on 3/17/09, 5:56 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Privacy Wall

You could argue that the landlord has an obligation to mitigate this intrusion into your privacy (i.e., quiet and peaceful enjoyment of the property you are leasing), but unless you have a long term lease (under which the landlord cannot simply terminate your tenancy), you have to balance pushing this too far with what can you personally do to mitigate the problem. You are almost certainly entitled to some mitigation efforts, but without a long-term lease, remember that the landlord can terminate your tenancy on 30 or 60 days notice and does not have to have any reason for doing so. Again, you could argue that it is retaliatory eviction, but all of that requires going to court. I always advise tenants to push their rights right up to the point where you make your landlord angry enough to evict you. Going any further is just inviting unneeded expense and time of litigation.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/17/09, 7:37 pm


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