If my neighbor is disturbing me and my family all the time with loud music, obstructing our entrance to our parking lot, constant loud music, not cleaning his unit and having offensive smells from pet odors can he be sued for breach of contract (his lease) by causing me and my family to suffer? Or is there a breach of any social contract or duty?
Your neighbor's contract is with the apartment management, so any relief you seek will have to come from them. You are entitled to the quiet enjoyment of your rental unit, but the responsibility for ensuring that lies with your landlord.
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This can constitute a nuisance as well as the breach of covenant of quiet enjoyment.
You should also complain to the landlord.
You can have an attorney write a cease and desist letter to the neighbor.
You would have claims against the neighbor for nuisance (see Civil Code Section 3479 and following). You might also have grounds to seek a restraining order for harassment under Code of Civil Procedure Section 527.6 (sample forms and instructions should be posted on the website for your local court or the Judicial Council of California).
Your landlord has a legal duty to intervene if one tenant is engaging in nuisance activities of otherwise violating your quiet enjoyment rights. See Andrews v. Mobile Aire Estates (2005) 125 Cal.App.4th 578, 588.
You should promptly consult with a local landlord-tenant attorney to get a better idea of your legal rights and options.
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