Neighbor/Landlord Problems

[samalifagus]

We have been having problems with our newest neighbors for about 6 months now. First, they had 2 or 3 illegal occupants in their apartment with them, who were taking up parking spaces forcing my wife and I to park further away; 2nd, when we asked them about this, they started cursing my wife out and making motions like they were going to try to break into our apartment; next, we are constantly finding their children on our enclosed back patio, and ruining my children's swingset and they have been asked numerous times to keep their kids away if they don't have permission, and this has resulted in derisive remarks toward my wife, my children, and myself; 3rd, they have been allowing their kids to tear up the flowers my wife planted by our front door; 4th, they are constantly banging about at all hours of the day and night, making outlandish amounts of noise--including one night a day or so before I had rather serious surgery where their kids were banging on the door adjacent to our bedroom at midnight; and finally, the straw that breaks the camel's back--today, upon returning home from a trip out of state, I look into my kitchen, and see a young man with a rolled up and burning piece of paper on my kitchen windowsill shoving it toward my kitchen window as if to try to start a fire. We have had to call the police on these folks on two occasions--one for verbal harassment and threats and now this. We have lived here for almost 5 years and have decided to live here until we are ready to buy a house. They have lived here for six months.

We have filed complaint after complaint with the landlord, and as of yet, he has done nothing. The police have done nothing. Short of taking the law into my own hands (and I won't, trust me--it's not worth not seeing my kids), what else can I do? I have contacted an attorney and I am waiting for a call back, but is there anything that will help?

 

[calalily]

Unfortunately, no, there is nothing else you can do if the police won't help. Just continue to call them and move as soon as possible.

 

[famous21]

Response to Neighbor/Landlord Problems

Hello Calalily:

Landlords in California have an obligation to provide the most secure facility as is possible for their tenants. If the "problem neighbor" makes threats, i.e., attempting to start a fire, then the neighbor should be given a 3-day Notice to Terminate Tenancy (sp). The neighbor's actions, if it is true the criminal action took place needs to be cited by the police, and the landlord should follow-up promptly with the eviction notice. If your rent is current, then I would not move.

No all counties in California have to give a reason to evict a tenant. However, there are exceptions. Firstly, some counties have rent control ordinances which can stall an eviction notice. Secondly, some cities have enacted "Just Cause" ordinances, which provide a long-term tenant (two or more years) 60 days to move. If the neighbor fits in the latter category, he or she can stall eviction by occupying the residence until the landlord files an Unlawful Detainer action, and this could allow the neighbor to stay another six weeks until mediation or a trial settles the matter.

I hope this helps.

Peace is better than aggression,

Famous

Unfortunately, no, there is nothing else you can do if the police won't help. Just continue to call them and move as soon as possible.

 

[CA_LL]

Respectfully..

IF on a fixed term lease reasons DO have to be stated to terminate if during the fixed lease term in ALL areas of CA.

Only if MTM can many areas terminate a tenancy w/o a reason by just giving the proper notice.

THAT BEING SAID..at this point there is nothing but "hearsay" and he said/she said. The LL cannot act on something that is just that hearsay.

If these threats/actions were THAT serious the police would be taking reports and then you send THOSE to your LL and request action.