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  1. #1
    jim/la Guest

    Tenant vs. Tenant

    What is the name of your state? CA


    How can I keep another Tenant form bullying and harassing my Landlord into
    harassing me.

    My upstairs neighbor has continuously complained to my Landlord about
    anything and everything she can think of since I moved in five years ago.

    [brief example of complaints and or demands by upstairs neighbor]

    1. Do not make noise in the backyard communal area between the
    time of 2pm and 5pm (she is taking a nap)

    2. No smoking outside in the backyard area as it drifts up into her window.
    (yet she is a smoker herself)

    3. She has threaten to have my pets physically removed from my apartment
    by aminal control under court order due to excessive noise.
    (The Landlord has stated herself that she believes my pets do not bark
    excessively nor do the other occupants who are also dog owners.)
    FYI. The loudest pet in the building is owned by a relative of the Landlord
    who rents an apartment next to mine.


    ...and so on.

    The upstairs neighbor has also complained about other tenants behavior
    but I'm generally her main focus.

    Our building is small, ( eight units total ) I have a good relashionship with the
    other occupants and my Landlord.

    I have asked the other tenants in the building if They have a problem with me
    or if they have contacted the Landlord in the pass with any complaints toward myself.

    They all answered... no, everything is fine.

    I have asked the other tenants if they would participate in a tenats group
    to help find amicable solution to any all grievances between tenants and or
    Landlord.
    They all agreed except the one tenant with the never ending list of complaints
    and demands.

    My Landlord has complained to me that my upstairs neighbor has threatened
    her and her building with law suites and that she will withhold payment of rent
    if her demands are not met.

    My Landlord seems to be buckling under her pressure stating she just wants
    my upstairs neighbor to leave her alone and to go away.

    I have been planning to move soon anyway so I don't want to engage in some big ordeal,
    I would like to have her stop creating a hostile living environment within our building while I'm still here.

    I will be speaking with a renters rights orgainazation and also a lawyer soon
    for more advice.

    What else can I and the other tenants do to stop what seems like a vendetta
    against us all.

    Thank you for your time.
    -JLA
    Last edited by jim/la; 11-06-2004 at 06:08 AM.
  2. #2
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    10,984
    You have in your post part of the solution . Speak with a lawyer after you review your lease . if your lease has a paragraph about you having quiet enjoyment of the unit . then this is what you need to discuss , and do consider that your LL is being spineless about telling this other tenant to knock it off . If you have no fixed term and are month to month renter move your move out date sooner and tell your LL in writting that the other tenant has contributed to your decision to move when you give your notice .
  3. #3
    jim/la Guest

    Tenant vs. Tenant

    FarmerJ

    Thank you for your advise,
    I spoke with a renters rights group today and I will
    speak with an attorney this week.

    The renters rights group advised us that the hostile tenant
    has no legal right to sue and withold rent from the landlord
    based on any grievance they hostile tenant has with myself or any
    other tenant in the building.

    I have looked into the possibilities of housing discrimination,
    That possibly my landlord is holding me to a separate set of rules and regulations
    from the other tenants in the same situation, ie: dog and or pet
    related noise. And not holding another tenant and or tenants (one who just happens to be related to the landlord) to the same restrictions after complaints were
    also raised.

    I realalize there is little I can do in regards to an annoying tenant,
    But if my landlord is Infringing on my rights due to the constant harassing
    from another tenants threats I hope that sheds some light in my favor.
    If I have any right to take some sort of action against the landlord then I will.

    thanks again for your time.
    JLA
  4. #4
    Ciarraine is offline Member
    Join Date
    Sep 2004
    Posts
    363
    Quote Originally Posted by jim/la
    FarmerJ

    Thank you for your advise,
    I spoke with a renters rights group today and I will
    speak with an attorney this week.

    The renters rights group advised us that the hostile tenant
    has no legal right to sue and withold rent from the landlord
    based on any grievance they hostile tenant has with myself or any
    other tenant in the building.

    I have looked into the possibilities of housing discrimination,
    That possibly my landlord is holding me to a separate set of rules and regulations
    from the other tenants in the same situation, ie: dog and or pet
    related noise. And not holding another tenant and or tenants (one who just happens to be related to the landlord) to the same restrictions after complaints were
    also raised.

    I realalize there is little I can do in regards to an annoying tenant,
    But if my landlord is Infringing on my rights due to the constant harassing
    from another tenants threats I hope that sheds some light in my favor.
    If I have any right to take some sort of action against the landlord then I will.

    thanks again for your time.
    JLA
    Your lease probably has standard clauses in it giving you rights of quiet enjoyment and preventing reprisals. Stay on the landlord's good side and don't over-react. I'm sure the landlord would rather be rid of her than you.
  5. #5
    Who's Liable? is offline Senior Member
    Join Date
    Oct 2004
    Location
    Phoenix, AZ.
    Posts
    4,539
    You mentioned that you saw a Renters Rights Group? If you were to join them, check your states laws on this, you can send the LL a letter CRRR stating you joined an advocacy group and any attempt to bully you in the future will be deemed a "retaliatory act", and is therefore illegal... Also, again check you states laws, a LL cannot hold you to a second set of rules... Rules the LL set, apply to EVERYONE in the complex... Sounds like your LL needs to grow some ba!!s and tell the annoying tenant to shut up...
  6. #6
    jim/la Guest

    Tenant vs. Tenant

    Thank you everyone for the advice, it has all been extremely helpful
    in deed.

    I went over my lease today with a fine tooth comb, of course I found
    one or two thing that I'm doing that violates my lease agreement.
    ie: minor repairs on my motorcycle in my part of the garage, "lease says"...
    (no repairs shall take place in the dedicated parking structure)

    But I also found other things in my lease that other tenants were in
    violation of. ie: useing garage space as storage instead of parking.
    My lease says that no parking space will be used for anything other than
    parking working moving vehicles.

    Can other tenants leases be radically different from mine?
    Can I ask my Landlord to see what other tenants paper work looks like?
    How can I politely approach the subject of fairness in the leases and how come
    one tenant gets to not be heald to his or her lease but yet I seem to be held
    to every point and nuance.

    I even found a violation for my upstairs neighbor the pushy tenant,
    In my lease it stated that no item shall be kept or stored in the walk ways and commun area. My upstairs neighbor has a wicker chair she leaves in the hallway
    next to her front door and close to the stairs.

    Do I ask the landlord if she has that right?
    And why don't I have the same right?

    I just want to know if my landlord has the right to pick and choose
    who gets to obey the lease and who gets to slide.

    I also found a neat clause in my lease that stated (and of course I'm
    paraphrasing here for the moment...)
    "That no tenant shall annoy, cause distress and agitate another tenant in any
    way".

    When dealing with the lease, how do I go about making sure all is fair
    and that I'm not just being singled out?

    Thanks again,
    JLA

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