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What Can You Do if a Landlord Permits Another Tenant to Violate Their Lease

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  • 04-30-2016, 02:44 PM
    UnhappyConsumer
    What Can You Do if a Landlord Permits Another Tenant to Violate Their Lease
    My question involves landlord-tenant law in the State of: California

    Among discussing with other neighbors, we are really appalled by the Landlord's lack of will to correct an issue of one specific Tenant that has decided to violate their lease agreement, but which is affecting the lives of those around them on a daily basis.

    The Residential Lease Agreement clearly states that the garage is to only be used for the storage of the Tenant's vehicle. And, it specifically states that the garage is not to be used in such a manner where it is being occupied. However, the problem is we have one specific tenant who has chosen to violate the Residential Lease Agreement and is using the garage only for storage. They also spend a lot of time sitting it in it. It's as if they live in it. And we are stuck with all not really knowing what to do about it since the Landlord has for the most part said, "Ehh, I don't care"? They rather sort of just ignore it it seems.

    Some may think casually, "Ehh, so what the Tenant is just storing stuff in the garage". And typically we would agree. We could care less if a Tenant wants to use their garage for storage as long as it doesn't bother anyone else in doing so and the Landlord doesn't care.

    But, in this case, their storage use and use of the garage in many ways is really bothering a few of us that live near to them. And, the truth is the Lease Agreement states clearly states that they shouldn't be using it for storage at all. They are occupying the garage, making a lot of noise doing so, causing banging noises in the garage, working in the garage, having events in front of the garage while occupying it (note: they do not sleep in the garage, but spend a lot of time in it all the time, everyday, and even more on the weekends). And all of us are really tired of it. And when reviewing the Lease Agreement, it clearly states that the Tenant (like all of us in the community) are only to use the garage for the purpose of storing our vehicle and nothing more. We all agreed when we signed the Lease Agreement that we would all abide by using the garage in the way it was intended. Despite bring this to the Landlord and letting them know where this Tenant is violating us and the Lease Agreement, they have done absolutely nothing about it. So we are sort of all stuck now, all because one Tenant chooses to care less about the neighbors around them and do whatever they want to do and where the Landlord essentially allows the problem to fester.

    Question #1: Can someone help us to understand what benefit we would gain by perhaps having a Lawyer contact the Landlord? We are thinking that since the Landlord is essentially ignoring us, perhaps a Lawyer would be able to achieve obtaining at the very least why they are not doing anything about it? But maybe the Landlord will just ignore the Lawyer as well? Can a Landlord ignore a lawyers request for info? What benefit can getting a Lawyer involved have in such a situation?

    Sure some here may possibly say, if you don't like the management, then you can move. But, since this is affecting a few of us, it seems reasonable for us to possibly look into getting a lawyer that may at least get some feedback from the Landlord as to why they won't do anything. If anything, by doing so, we would imagine that they at least a Lawyer could make some further progress than we are able to do on our own. It also may help to sway the Landlord to take the issue also a bit more seriously than just ignoring us. Reality is, all of us are just not going to move. So we either have to suck it up and continue to suffer, or we try to do something about it. The question is what and how?

    Question #2: Assuming having a Lawyer can have some positive effect, what type of lawyer should we essentially be looking for? Tenant Law Lawyer? Or is there a specific term or type of a Lawyer that would most be interested in helping us to see how we can do something to help us resolve this problem?

    If there is any other way someone can think of in how we can approach this problem, please let us know too!
  • 04-30-2016, 03:32 PM
    adjusterjack
    Re: Use of Apartment Garage Violating Rental Agreement
    Yes, a lawyer can help you. Google landlord tenant lawyer for your city and you'll come up with plenty.

    But before you do that I suggest you sit down with your group of co-tenants and ask them each (including yourself) to kick in $500 toward lawyer fees because I guarantee you that a lawyer will want a couple of thousand up front against about $300 per hour and that couple of thousand is going to be used up real fast.

    So if you and your co-tenants aren't willing and able to put their money where their mouths are, you go nowhere and your offensive neighbor and your lackadaisical landlord continue their behavior with impunity.
  • 04-30-2016, 03:34 PM
    jk
    Re: Use of Apartment Garage Violating Rental Agreement
    Are neighbors of the tenant, living in a separate house or building? If so, what is in the lease is meaningless to you. It would be up to tell landlord to enforce and he has already told you he has no problem with what is going on. It is not illegal to store things in a garage and it is not illegal to sit in a garage. The police have no authority here and an attorney has no power not a reason to say a word.

    The he only possible action you might have is if the guy is violating any noise ordinance that may be in place or some other ordinance that may be being violated.
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