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My neighbor, in an apartment complex, has made my apartment…

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My neighbor, in an...

My neighbor, in an apartment complex, has made my apartment not habitable. He sprays dozens of cans of spray paint in his apartment every day. He smokes cigarettes and sprays other spray chemicals and plays music with a loud sub woofer all night Long. My apt smells of paint. My other neighbor has to take her young children out of her apt in the middle of the night Yo avoid the spray paint. I have told the property management company repeatedly of the issues. They tell me due to confidentiality laws they won’t tell me what action they are taking. Thus issue has been going on for almost 1 year. My rent is almost $2k/mo for a 1 bedroom. What is my recourse with my landlord/property management company.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Livermore, alameda county, California.

Lawyer's Assistant: Has any paperwork been filed?

Email records of correspondence to the prop mgmt co m( 5 or so). Called the prop mgmt office another 5 times and gone into the on-site office another 5-6 times.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We’re good

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 7 hours by:
12/9/2017
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,856
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Good morning. How long ago did you complain?

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Customer reply replied 8 months ago
The latest complaint was several days ago. My emails are not responded to. The on-site property management office is only open 4 week days a week and I am at work when the office is open. When I call I only speak to a ‘receptionist’ type of person. I come into the office to complain when I can. I’ve probably emailed, called or come into the office once a week for the past 4 months.
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Thank you for the reply. You do have rights as a tenant and if the rental is not habitable and your use and enjoyment of the property is being affected, the landlord needs to act and remedy this. Based upon what you shared above, the actions of the other tenants are unreasonable and a violation of their lease, so the management should give them a notice to cure and if they refuse, proceed with the eviction. If they fail to do so, you could hold them in breach of your lease agreement, vacate an sue for damages suffered or costs incurred.

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Customer reply replied 8 months ago
Are there formal legal terms or a process that I should follow to inform them of this. Like a ‘demand’ letter?
Would involving a 3rd party (lawyer, tenant advocate, county health department, police) be in my best interest.
I liked the apt (been there 3 years), comfortable, close to work. I would prefer not to be inconvenienced by having to move because the prop mgmt co is not managing the other tenant.
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Yes. You do need to send notice, in writing, advising of the situation and giving them reasonable time to cure it. If they fail to cure, you need to advise them of this and then proceed and share that you want to be released from the lease, as your right to quiet enjoyment is being disturbed and that the rental is not even habitable, as a result of the toxic odors. I know you do not want to move but if they are refusing to correct this and you can not live there, there could be issued if you simply withhold rent. I say this because if you do, they could sue you for unpaid rent and you would have to defend the eviction and make sure the rent is deposited with the court or held in escrow.

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Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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