Legal Question in Real Estate Law in California

Quitet Enjoyment

I am having difficulty with an apartment complex that is behind my backyard. There is a small fire lane that separates my backyard with the back of the complex. I have asked the management to follow up on loud party�s at 1:30 in the morning, illegal parking in a fire lane, and people using a patio window in the back as a front door to move groceries and to move furniture when they are suppose to use the front entrance. This problem as persisted for over a year now. I purchased the house and was not aware of problems with the complex. I have contacted the police as well as management with these continuing issues. Management says for me to call the night security when I�m having problems. I�m tired of calling them. They should be doing their job by stopping this activity before it becomes a problem. I called and they hung up the phone several times.

I want to know if I can sue the owners on my loss of �Quiet Enjoyment� of my house? I have police reports, a calendar of events, eyewitnesses and videotape of several parties and problems that have been happening.

Thanks


Asked on 9/02/03, 1:12 am

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Quitet Enjoyment

You may have a lawsuit for damages against the seller. You may also have a nuisance action and may be able to seek an injunction against your neighbor. Please contact our office so that I can review your documention and provide you with consultation.

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Answered on 9/03/03, 11:12 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Quitet Enjoyment

Yes, you can. But, be prepared to pay the freight yourself. This is not the kind of case you will find a lawyer willing to take on a contingency basis. It is unlikely a monetary award will be large enough and the opposition to the case will be stiff. Plus, your principal remedy will probably be a court order prohibiting certain behaviour on the property. When the court order is violated the landlord can be held in contempt of court. I notice by your zip code you are in the Palms area. If you want to sue or need further information, call.

That being said

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Answered on 9/02/03, 9:23 am
Donald Holben Donald R. Holben & Associates, APC

Re: Quitet Enjoyment

My recommendation is that you continue to call the police and to retain counsel to properly evaluate the matter and possibly pursue a lawsuit on your behalf. Don Holben 800-685-6950

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Answered on 9/02/03, 11:52 am


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