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

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.)

 

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

 

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

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.)

 

Not true:

 

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.

 

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

 

Missed that.

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