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What is the process for filing damages?

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baverian

Junior Member
What is the name of your state?
California

I live in an apt. above a garage. The person who owns the garage below has repeatedly caused nuisances with the car he parks under my bedroom.

He lets the car idle for at least 5 to 10 minutes, which causes the fumes to go up to my bedroom. This results in all of my cloth and bed lining being stained with the stench of gasoline. Not counting the fact that this could be extremely hazardeous to my and my gf's health.

I put in a formal complaint to the apt. manager which they said they would take care of. Unfortunately, this situation just happened again.

What are the legal course I can take for this? Please help!

Edit, can the apartment complex be liable for this also?
 
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JETX

Senior Member
baverian said:
I live in an apt. above a garage. The person who owns the garage below has repeatedly caused nuisances with the car he parks under my bedroom.

He lets the car idle for at least 5 to 10 minutes, which causes the fumes to go up to my bedroom. This results in all of my cloth and bed lining being stained with the stench of gasoline. Not counting the fact that this could be extremely hazardeous to my and my gf's health.
The obvious answer here is... what would you expect when you agreed to live over a garage??
Clearly, the 'tenant' below is not violating his terms.... as it is a GARAGE.

I put in a formal complaint to the apt. manager which they said they would take care of. Unfortunately, this situation just happened again.
Then I would suggest you re-formalize this IN WRITING, sent by certified RRR (so you have proof of delivery) and include a request that the landlord contact you in writing with what they intend to do, when they intend to do it, and what will happen if it re-occurs.

What are the legal course I can take for this? Please help!
You could certainly request an injunction be ordered against the 'violator', however, since the garage existed (presumably) at the time you rented, and you didn't provide any written relief in your lease, in my opinion, it would be unlikely that a court would offer you any compensation.

Edit, can the apartment complex be liable for this also?
Possible, but unlikely (based on your post).
 

baverian

Junior Member
Thanks for your reply Jetx!

True that I do expect some nuissance living over a garage. However, there are restrictions to what the car owner can do.

Such as working on cars and in this case running the engine idle for a long period of time.

I think my strongest point in this case, is that due to the poor condition of the car and the length it stays idle before being turned off, the fumes are extremely strong and directly goes up into my bedroom. This cause a great health threat to myself and my gf.

What I'm looking for is
a) to stop this problem immediatly since that it has been ongoing. To have the property management take this situation seriously.
b) Prepare for future occurences, and take the next step since that all
previous attemp to resolve this failed. Therefore put the responsible parties liable.

I did have one more conversation with the manager of the apt. complex. I will send a written letter with certified mail.
 
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