What right do I have if im being harassed by my neighbors guests? What laws can my manager enforce? Please see details below...

Asked over 4 years ago - San Jose, CA

I live in a small appt. complex in San Jose, CA. where most of the tenants are related to my boyfriend. His sister often has other family members visit or stay at her place who don't like me. I've been harassed more that once by her visitors and had to call the police and file a complaint. My apartment manager are the parents of my boyfriend and his sister. I'm tired of be constantly harassed by her guests. I feel my apartment manager chooses not to fully exercise his rights as manager because its his daughter. What can I do to stop the harassing and get my manager to do something??

Attorney answers (3)

  1. Melissa Cari Marsh

    Contributor Level 14

    Answered . Your rental agreement, whether monthly or a lease for some period, gives you the legal right to "quiet enjoyment." [California Civil Code 1927]

    You can file a claim for nuisance in Small Claims Court against the 'daughter' commiting the harassment and you can file a claim against your landlord for a rent reduction due claiming the landlord new about the harassment and took no measures to rectify the situation (e.g. 3 day notice to cure or quit). Prior to doing so, however, you will need to put the landlord on notice by sending him/her a written letter detailing what has transpired and that you expect appropriate measures to be taken to ensure your quiet enjoyment of the premises.

    If you are low to moderate income, I strongly suggest you contact a local legal aid foundation to prepare and send such a letter. Since I do not know which county you are in, I cannot provide you with a number of any particular legal aid group. However, you can contact the Rental Rights & Referrals Program at (408) 975-4480 which monitors multi unit dwellings built before 1979.

    Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.

  2. Julia Ming Hua Wei

    Contributor Level 8

    Answered . If you feel that the harassment is escalating, and your safety is threatened, you should consider seeking a temporary restraining order. You can go to the Superior Court (Santa Clara County) and apply for the TRO from family law division.

  3. James S. Tupitza

    Contributor Level 18

    Answered . I can't really give you a legal solution, but I can say one thing. People harass other mostly to get a reaction. They want to make the other person angry. IF you ignore the harassment, they'll get bored.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.

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