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My landlord won't stop my other tenant from disturbing and harassing me Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by Ribor, Jul 8, 2020.

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  1. Ribor

    Ribor Law Topic Starter New Member

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    Jurisdiction:
    California
    I'm renting a unit in Los Angeles. I have a 1 year lease agreement at a 3 unit property. One of the units is vacant, but I've been having 2 main issues with the tenant in the third unit:

    -The other tenant has verbally assaulted me and threatened to "beat me up" multiple times.
    -The same tenant plays extremely loud music for hours at a time and on a regular basis (about every other day). The music is so loud that it makes it impossible to work or rest in my unit.

    I have been complaining to our landlord several times since February (initially in person and over text/phone calls, but recently I sent two written and signed letters over email and included videos that show how loud the music is played). The landlord asks the other tenant to keep it quiet but nothing ever changes. I've been asking my landlord to hire an attorney but she doesn't want to do that. At first she seemed cooperative, but now she stopped replying to my texts or emails.
    I'm looking for advice about what to do now, as I believe that my right of quiet enjoyment keeps being violated. And I don't feel safe either given the multiple threats that I have received.

    Thanks in advance for the advice!
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    The landlord is not your mother. If you have a problem with your neighbor and think they are breaking the law (below) call the police. You certainly should have called the police when the neighbor threatened to "beat you up".

    PENAL CODE - PEN
    PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4]

    ( Part 1 enacted 1872. )
    TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1]
    ( Title 11 enacted 1872. )
    415.
    Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:

    (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.

    (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.

    (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

    (Amended by Stats. 1983, Ch. 1092, Sec. 283. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
     
  3. Zigner

    Zigner Well-Known Member

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    What have the police said when you've called them for the noise and the threats?
     
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  4. justblue

    justblue Well-Known Member

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    Why haven't you called the police? Why do you want the LL to hire an attorney...to what end?
     
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  5. Ribor

    Ribor Law Topic Starter New Member

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    In this area, the police will take days to come for non-urgent issues like this one. There is a covenant of quiet enjoyment in California. The landlord has to provide a quiet and safe environment on the premises. This includes actions of the landlord herself and those under her control (such as workers or other tenants). Since she can't get this neighbor to stop these violations by simply telling him to stop, I want her to hire an attorney to take action.
     
  6. justblue

    justblue Well-Known Member

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    What type of "action" do you want/expect the attorney to take?? And why do you think that the annoying tenant will listen to the attorney when s/he won't listen to the LL who has the power to evict them?

    If I were you I would plan on not renewing the lease and start looking for a new place.
     
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  7. army judge

    army judge Super Moderator

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    The noisy rascal won't likely be intimidated or persuaded by any letter an attorney could craft.

    Many such rascals might be unable to comprehend the letter


    Besides, as the scamdemic continues to destroy jobs and lives, taking the crackpot in the box to civil court will likely take months, perhaps longer.

    Bottom line, it is entirely possible the police could arrive and hear the commotion in real time.

    It might be time to investigate other living arrangements if you truly seek calm and solitude.

    Your landlord might have grown weary of your constant "kvetching" and will remain silent until its time to send you a nonrenewal of your lease letter.

    In the instant matters at hand, the squeaky wheel often gets hosed, not oiled.
     
  8. Ribor

    Ribor Law Topic Starter New Member

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    If the landlord is unable to evict this tenant like she claims, I want her to take legal actions against him. She tends to use unconventional ways to get things done (like having her cousins to scare this guy). I want her to tackle the issue legally.
     
  9. Zigner

    Zigner Well-Known Member

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    You might be better off asking her to release you from the remainder of your lease so that you can move to a detached unit where you won't be bothered.
     
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  10. Ribor

    Ribor Law Topic Starter New Member

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    But I don't want to move. I like the unit but I want to be able to live here quietly. It's my right to do so. My question to the forum is about advising on the best path to obtain this.
     
  11. justblue

    justblue Well-Known Member

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    You deem it a waste of time to call the police.
    Your LL is not LL'ing.

    Your options are to either get ear plugs or move.
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    True, but the landlord does have a duty not to breach the covenant of quiet enjoyment that exists between landlord and tenant. Although originally the term "quiet enjoyment" relates to the duty of the landlord not to do anything that would interfere with the tenant's right to possession of the leased premises, in some states the covenant has been extended to include a duty of a landlord to ensure his other tenants are not significantly interfering with the tenant's rights in the leased property. That means that a landlord may be held to be responsible if another of his tenant is making so much noise as to amount to interference with the tenant's use and enjoyment of the property. The extent to which California courts would hold a landlord responsible to act to control a tenant noise issue is something I've not researched but the OP might want to ask a California landlord-tenant lawyer about that.
     
  13. Ribor

    Ribor Law Topic Starter New Member

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    Thank you. This is why I pretend that the landlord does everything in her power (hire an attorney, file a police report etc.) to stop the issue. this is on her, not me. And she is not doing anything more than sending her cousin over to tell the tenant to stop.
     
  14. Zigner

    Zigner Well-Known Member

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    In the current environment, what else do you really expect her to do? She can't evict because of the moratorium. You can't force her to hire an attorney. Maybe you can offer to either split the cost of the attorney or pay for the attorney entirely...

    You really need to be in contact with the police, otherwise, all you have is your opinion that it is too loud and unsubstantiated claims that you are being threatened.
     
  15. army judge

    army judge Super Moderator

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    What you desire you won't achieve.

    However, the LL will eventually choose to NOT renew your lease if you continue to encourage her to act, she'll do so, but you won't like her action.

    Your LL isn't a mega property owner, sitting on millions of dollars.
    She's hustling to fill a three unit building that's only 2/3 occupied.

    No person can force another person to do something.

    Your insistence that she do what you desire will only increase her desire to do it her way, or not at all.

    If you had millions of dollars, you'd probably achieve your end result.

    If you had millions, you wouldn't be here seeking free information, you'd have already instructed your BIG NAME LAW FIRM to make you happy and sue for something.

    You might reconsider your strategy before you experience deep regret and find yourself hustling to move.

    Here's another odd fact about human nature.

    Humans tend to reward miscreant behavior (excusing or ignoring it) and drop the hammer on the good guy who's simply making a valid point.

    Go figure.
     
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  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Unless the landlord lives there he may well have never heard the noise. The OP mentions nothing about providing any evidence of the noise to the LL. So other than asking the other tenant what do you suggest the LL do? There certainly isn't a basis to evict the other tenant mainly because the OP has never made any police report about the noise or anything else. (Not there will be any evictions in CA any time soon.)
     
  17. Zigner

    Zigner Well-Known Member

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    Not true:
     
  18. mightymoose

    mightymoose Moderator

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    Your simplest path is to move out. Find somewhere else that you also enjoy. This is far easier and less expensive than trying to force someone else to do something.
    If you refuse to move them you will have to endure the noise a lot longer. Your lease may be up before you get the neighbor in to court.
    As above, involve local law enforcement next time you are threatened. Consider obtaining a restraining order.
     
  19. army judge

    army judge Super Moderator

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    If that happens, other good things might happen in the OP's favor.
     
  20. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Missed that.

    But considering some other noise complaint audio we have heard of late it may not help the OP.
     
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