My neighbors harass me and landlord refuses to do anything.

Asked over 3 years ago - Orange, CA

I have been been harassed and physically attacked by my neighbors under the same landlord. They have gone as far as to vandalize our car. The police said we could obtain a restraining order but the landlord refuses to provide the remnants namesfor my restraining order and refuses to put an end to this problem. I live in fear where I live and find it hard to move. What can I do?

Additional information

The landlord says that he is providing a safe environment he hasn't seen anything so therefore heis providing a safe environment so unless he see something he won't do anything. I also recorded him making statements which may be damaging to him I got his consent to record.

Attorney answers (2)

  1. James R. Andrews II

    Pro

    Contributor Level 12

    Answered . Your landlord has an obligation to maintain a safe and inhabitable property. All leases, have an implied warranty of habitability. Based on the details of your question, he/she has breached such duty. You should document all interaction you have had with your landlord regarding this situation, gather any possible witnesses and seek an attorney to help you navigate a suit against the landlord for not carrying out his legal duties.



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    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . You are entitled to "quiet enjoyment" of your rental unit. And, if a landlord is in breach of that entitlement, you may have some recourse. The first thing to do is to obtain the civil harassment restraining order to document the harassment, as well as to eliminate or mitigate the activity

    Secondly, if a restraining order is not an option, or it does not prove successful, you may consider informing the landlord that if you are forced to move, then the consequences for the landlord may be severe. If you can demonstrate that you are being "constructively evicted," that you are being forced to move by the consistent harassment of the neighbor and that it is not a voluntary act on your part, then you can justify not paying your rent and moving out.

    Finally, another method you could employ would be to sue the landlord for damages. You should contact an attorney to see if this is likely to prove worthwhile, but if you can show that your landlord has caused you undue suffering forcing you to move, and actual damages, say if you had to move and your new rent were substantially higher than your previous, you may be entitled to monetary compensation.

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