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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. Zigner

    Zigner Well-Known Member

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    I don't disagree with this sentiment...
    But at this point, the OP really doesn't have enough to obtain anything beyond a temporary restraining order (a few days) until the hearing is held. Even the vague threat of "I'm going to beat you up" might not be enough without any other actions.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    As Zigner points out, Ribor apparently did send complaints in writing to the landlord, thus putting the landlord on notice of the issue. So my next step if I were Ribor would be to consult a landlord-tenant attorney as I suggested before. The lawyer might write a letter to the landlord informing him of the covenant of quiet enjoyment (likely the landlord has never heard of it) and that legal action may follow should the landlord not take care of the problem, assuming that California case law would support it. That letter might be all it takes for the landlord to start acting to resolve this. If nothing else the breach of the covenant might be a good basis for Ribor to break the lease without penalty so he can move someplace quieter.
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    TM, are you suggesting that it is a bad idea to report the illegal acts to the police? The OP was threatened with violence.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    Not at all. He should report that to the police. But that doesn't take care of the noise issue.
     
  5. Zigner

    Zigner Well-Known Member

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    Actually, it may help. The noise is (as was posted previously) violating the law.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    It might if they come and charge the neighbor with violation of the law I posted.
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    Again, he certainly should report it. Maybe something will happen from it that would actually get the neighbor locked up for awhile. But the point is that the OP can also take direct action on the noise issue, too, rather than hoping that the police and prosecutor will actually do something about the threats. This is not a situation in which the OP is must choose between one course of action or the other, which is almost what it sounds like you are implying. The OP can pursue both at the same time. The fact that I addressed one course of action does not mean that is the only thing the OP can do or that I think that would be the case.
     
  8. Tax Counsel

    Tax Counsel Well-Known Member

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    A noise violation complaint also should be made in addition to the complaints on the threats. But frankly, my experience has been that police and prosecutors don't really do much on most residential neighbor noise complaints.
     
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  9. shrinkmaster

    shrinkmaster Well-Known Member

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    By all means contact an Attorney your landlord is possibly in breach of lease. Let the Attorney advise you. However by taking ANY action (even if warranted) it will possibly impact your stay and chances of renewing lease

     
  10. Zigner

    Zigner Well-Known Member

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    That's not going to happen in CA.
     
  11. zddoodah

    zddoodah Well-Known Member

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    For what purpose?

    The landlord can take no action other than to evict. If the landlord isn't willing to do that, then the ball is in your court. While no one likes moving, you have to decide whether moving is more or less distasteful than staying and continuing to deal with the existing situation.

    P.S. It's up to you, not the landlord, to file a police report.

    And specifically not in Los Angeles.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Probably not but a few police reports would certainly help the OP if she wants to break the lease as TM suggests.
     
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  13. Zigner

    Zigner Well-Known Member

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    Police reports may be helpful.
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    They would certainly be more helpful than no reports.
     
  15. Zigner

    Zigner Well-Known Member

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    They will show that the OP called the police. They won't (necessarily) show that the noise was such a problem that it violates the law or the OP's right to "quiet enjoyment".

    Think about it...one can't just call the police once a week for three months, and then use those reports (assuming any are even written, as opposed to just an "incident" being recorded) as a "get-out-of-lease-free" card. There has to be further evidence...

    That is why I used the word "may".
     
  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I understand. But having the reports is better than not having them. But if the cops get there in a timely fashion :D:D:D:D:D they may witness the violation.

    There is also the whole issue of being threatened with violence that the OP obviously takes as a real threat. That alone should have been reported.
     
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  17. Zigner

    Zigner Well-Known Member

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    The OP might get lucky :)

    Absolutely.
     

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