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Is a landlord liable for the conduct of its tenant against a non-neighbor tenant?

Van Nuys, CA |

My neighbor assaults me, hits me, and threatens me on a consistent basis. I have a different landlord than my neighbor. Can my neighbor's landlord be liable for the conduct of his own tenant?

Attorney Answers 2

Posted

No, the landlord is not vicariously liable for what is tenant does. So you can not sue the landlord successfully for his tenant's actions. Call the cops every time the neighbor threatens or hits you, also, try to get a restraining order. Get a lawyer to send the tenant a cease and desist letter as well.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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Asker

Posted

is this true even if the landlord knows about the situation but does nothing?

Golnar Sargeant

Golnar Sargeant

Posted

Yes, even so. The landlord is not legally responsible for his tenant, so he is not liable for anything his tenant does, even if he knows and chooses to do nothing. He is not legally obligated to do anything about it. If you lived in an HOA, it would be different because the owner is under contract with the HOA through the CC&Rs and remains responsible for his tenant, those are rights created by private contract. It has no application at all outside an HOA. DISCLAIMER: We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Posted

I agree wit the previous response. If the abuse continues, seek a restraining order against the person committing the abuse.

This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office.

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