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Force Landlord to Enforce Terms of Lease?

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waitingtocommit

Junior Member
What is the name of your state (only U.S. law)? California

I live in a lovely duplex with a lovely roommate. We have a month to month lease, but are happy with our home. Recently, however, we got new downstairs neighbors. They have an outdoor cat and one of them constantly smokes in the backyard. Both of these items are against the terms of the lease.

Under other circumstances we might "live with it", but I'm an asthmatic with a dander allergy and my roommate gets migraines from smoke. We sought out a lease that had these restrictions so we could live comfortably.

We've mentioned our issues to the landlord twice, but he has not done anything. Do we have any ability to force him to enforce the terms of the lease on our neighbors?
 


Alaska landlord

Senior Member
What is the name of your state (only U.S. law)? California

I live in a lovely duplex with a lovely roommate. We have a month to month lease, but are happy with our home. Recently, however, we got new downstairs neighbors. They have an outdoor cat and one of them constantly smokes in the backyard. Both of these items are against the terms of the lease.

Under other circumstances we might "live with it", but I'm an asthmatic with a dander allergy and my roommate gets migraines from smoke. We sought out a lease that had these restrictions so we could live comfortably.

Your allergy problems are your problems not the LL.

We've mentioned our issues to the landlord twice, but he has not done anything. Do we have any ability to force him to enforce the terms of the lease on our neighbors?
Stay out of the backyard. I doubt that it is against the terms of the lease to smoke outdoors.
 

Cvillecpm

Senior Member
Buy an hour of an attorney's time, have attorney write a letter to the landlord referencing the breach of the lease and the health issues and ask to get out of your lease.

If landlord says now, then have attorney sue both landlord and dnst tenant for breach of lease.
 

waitingtocommit

Junior Member
Buy an hour of an attorney's time, have attorney write a letter to the landlord referencing the breach of the lease and the health issues and ask to get out of your lease.
Thank you. It's good to know that there is legal recourse. I'm pleased to say we're on a month-to-month lease, so we need only submit our 30 days should we wish to relocate.
 

Zigner

Senior Member, Non-Attorney
Buy an hour of an attorney's time, have attorney write a letter to the landlord referencing the breach of the lease and the health issues and ask to get out of your lease.

If landlord says now, then have attorney sue both landlord and dnst tenant for breach of lease.
Has our OP *SEEN* the new neighbor's lease?
 

waitingtocommit

Junior Member
Has our OP *SEEN* the new neighbor's lease?
We approached the landlord and asked if they had the same terms and conditions in their lease as ours, and specified that we were wondering if they too had signed something that said no smoking in the yard and no pets (because, if so, they were violating those terms). Our landlord did confirm that they had the same lease as ours, with the same restrictions on smoking and pets. We requested that he enforce it, he didn't do anything, we asked again, and still nothing. This is also why we didn't approach the neighbors first; it would have been kind of messy if we went in hollering only to have them say "Our lease doesn't say anything about that!" So, while we haven't seen it in person, we have the landlord's verbal confirmation that it contains the same terms as our own.

We have a strong preference not to move, which is why we haven't just packed up. My roommate has been here for over five years, and I've been here for just about a year. We like it, but the new addition of these pesky neighbors is getting in the way of that.
 

Alaska landlord

Senior Member
You don't know if the LL took action as you don't live with your neighbors and are not privy to what goes on in their lives or apartment. Your only knowledge extends to what you see and think you hear.
 

waitingtocommit

Junior Member
You don't know if the LL took action as you don't live with your neighbors and are not privy to what goes on in their lives or apartment. Your only knowledge extends to what you see and think you hear.
Very true. I don't live with my neighbors, but I know they still have the cat as it suns itself right outside our door and I know she's still smoking because when I walk into my room after work each day, she's sitting outside with a lit cigarette in hand.

So, if he has taken action, it hasn't been very effective. :)
 

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