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Major tresspassing problem--please help!

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What is the name of your state? California

My 21 year old step-daughter and her family recently moved to a bigger, better house in a much worse neighborhood. They signed a 12 month lease. Her home is at the end of a cul de sac with an alley behind it. On the opposite side of the alley is a large apartment complex. She immediately complained of the apartment residents frequently jumping the fence into her front/side yard, apparently as a means of taking a short cut. She dicussed this with her property manager, who was already aware of of the situation. The PM mentioned there used to be a gate in her front/side yard, which accessed the alley. She told her the gate had been removed to keep the apt. residents from accessing the rental property via the gate. (now the apt. residents just jump the fence).

Last week she called me during the afternoon, quite upset. She said she had gone out to her backyard where she found two adult males. When she yelled out, they told her "sorry, shortcut" and scrambled over her back fence into her ft/side yard, then on down the street. While her father and I have been over there, we've observed lots of scary-looking people (gangbanger types) jumping over the fence at her front/side yard, both coming and going to and from this apt. complex. This seems to be a regular, daily, ongoing situation. She stays home with her two young children while her husband is out working. She does not feel safe. The PM suggested a "No tresspassing" sign, but somehow, I get the feeling (from the looks of these people), it would be unheeded.

Do the landlords of either property have any responsibility to take measures to prevent this situation from continuing? If not, would this situation be grounds for breaking the lease?

Otherwise, do any of you have any ideas for stopping this problem? I suggested landscaping the length of the fenceline with cactus, but it's such a long area, it's probably not something the PM would be interested in doing. She's not allowed to have a dog, which would probably help, at least in the backyard.
 


south

Senior Member
Gunpost, barbwire, mine field would be my first choice other than raising the fence not much you can do, the landlord is not responsible when someone scales the fence.



RunningOnEmpty said:
What is the name of your state? California

My 21 year old step-daughter and her family recently moved to a bigger, better house in a much worse neighborhood. They signed a 12 month lease. Her home is at the end of a cul de sac with an alley behind it. On the opposite side of the alley is a large apartment complex. She immediately complained of the apartment residents frequently jumping the fence into her front/side yard, apparently as a means of taking a short cut. She dicussed this with her property manager, who was already aware of of the situation. The PM mentioned there used to be a gate in her front/side yard, which accessed the alley. She told her the gate had been removed to keep the apt. residents from accessing the rental property via the gate. (now the apt. residents just jump the fence).

Last week she called me during the afternoon, quite upset. She said she had gone out to her backyard where she found two adult males. When she yelled out, they told her "sorry, shortcut" and scrambled over her back fence into her ft/side yard, then on down the street. While her father and I have been over there, we've observed lots of scary-looking people (gangbanger types) jumping over the fence at her front/side yard, both coming and going to and from this apt. complex. This seems to be a regular, daily, ongoing situation. She stays home with her two young children while her husband is out working. She does not feel safe. The PM suggested a "No tresspassing" sign, but somehow, I get the feeling (from the looks of these people), it would be unheeded.

Do the landlords of either property have any responsibility to take measures to prevent this situation from continuing? If not, would this situation be grounds for breaking the lease?

Otherwise, do any of you have any ideas for stopping this problem? I suggested landscaping the length of the fenceline with cactus, but it's such a long area, it's probably not something the PM would be interested in doing. She's not allowed to have a dog, which would probably help, at least in the backyard.
 

ENASNI

Senior Member
south said:
Gunpost, barbwire, mine field would be my first choice other than raising the fence not much you can do, the landlord is not responsible when someone scales the fence.

I am surprised at you south, and you say you are British. You did not suggest a MOAT!

Any chance you can have your Step-daughter talk to the managers at the apartment complex to see if they can put any "deterrents" on their fence. Stress possible liablity on their part in case a gang-banger gets injured (???) I am reaching here, I know.

Her property manager should probably think about suggesting to the owner of the house of building their own fence, create a border/alley, or they will lose renters. This however does not sound like a lease breaker, sorry.

Good Luck.
 

if i knew then

Junior Member
Quiet Enjoyment [California Civil Code §3304]

Wouldn't the following civil codes apply?

Quiet Possession [California Civil Code §1927]
When a landlord rents a unit to a tenant(s), the landlord is responsible for ensuring that no one else can claim access to that unit. This maintains the quiet possession of the unit by the tenant.

Quiet Enjoyment [California Civil Code §3304]
Statutes and case law have been created to ensure that tenants are able to peacefully enjoy the property that they rent. A landlord has an obligation to his/her tenants to ensure that their peace is respected. Thus, when a landlord fails to enforce rules and regulations dealing with rental property, he/she runs the risk of violating a tenant's right to the quiet enjoyment of the property and may be open to a lawsuit.
 

south

Senior Member
Now thats scary I swear I was going to write 'dig a moat' but figured nobody would understand so I changed it to something more American.

ENASNI said:
I am surprised at you south, and you say you are British. You did not suggest a MOAT!
 

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