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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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I live in a fairly large apt complex. I feel harassed

Customer Question

I live in a fairly large apt complex. I feel harassed constantly, mainly because of a tenant downstairs. She breaks many rules. I report it and nothing is done. I get up at 6 a.m. for work and I have to hear about it from the office because "she" hears it. When I first moved here she yelled at me not to use the clothes line. She feeds wild cats, office sent notices out against it but they know she still does it. I have two other neighbors here with small dogs under 20 lbs who don't follow policy. Per policy all animals are charged a $300.00 rate. No one in this complex has paid other than myself. My dog died on 9/25/2015. I requested and received it back. Now I am looking for another and they said I again need $300.00. They refused to answer why the others don't pay. "It is a private matter" I am so stressed out, I am seeing a counselor and a psychiatrist at this point because I have bipolar, PTSD, ADHD and it all brings out seizures. This doesn't seem right.In addition, the lady down stairs threatened to shoot me and my dog next time she saw us. I called the police, but no witnesses, never happened. I told the office and they never addressed it. Also, there is a man in he building who has verbally sexually assaulting for the last 2 years this May, made it aware to them, nothing done again.
Submitted: 7 months ago.
Category: Legal
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

I am sorry to learn of this situation.

While it may make sense to look for other accomodations if the complex is inhabited by ill natured people and managed by mean spirited individuals, you do have a right to enforce the lease and your "implied warranty of quiet enjoyment" against the management.

To do this, you can file a small claims suit against the landlord (if the two are different, name the complex owner as the defendant, not the manager, the manager is the landlord's agent) for "breach of contract" (the lease agreement) and "breach of the implied warranty of quiet enjoyment" (the failure to enforce the rules regarding quiet, nuisance, feral cats, etc. on the other tenants).

You can also get a civil restraining order against the individual that is stalking you if you believe that there is an immediate threat of physical harm to you.

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