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Nuisance Tenatn

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What is the name of your state? CA

My husband and I have lived in a nice apartment complex for just over 3 years. We have really enjoyed our tenancy until recently.

A person who resides in a nearby aparment has been caught 4 times (by either myself or my husband) coming over our patio wall onto our patio. I spoke with my property manager about it and she said she would talk to the tenant. The last time it happened I told the guy to stay away.

2 nights ago, while we were asleep, a neighbor who lives upstairs and faces our apartment, saw the resident again attempt to come over our patio wall. The upstairs neighbor coughed, to make it known that he was watching and went in and called the police.

The police came and talked to the guy, who denied everything. Well, last night, the "intruder" was caught by my neighbor (the one who called the police) on HIS porch with a baseball bat.

I am very frightened to live there anymore as is my neighbor. We have spoken to the landlord, but she said there's really not alot she can do.

In looking at California law, I noticed that it states that a person can be evicted for "willful nuisance." Would trespassing on my property after I asked him to stay away be considered willful nuisance and therefore grounds for eviction? I have no idea what this guy wants nor what his intentions are.
I'm stuck in a lease for 4 more months. Can I legally break my lease if personal safety in the complex is an issue that the management seems unable or unwilling to address?

Please advise.

Thanks.
 


Did your neighbor call the police? If so, did they come and haul the guy off?

Gail

The police came and he denied even owning a baseball bat, and denied it was him. I don't know how he can do that when the last time I caught him he told me what apartment he lived in. I guess eyewitnesses don't account for anything, huh?
 

johnd

Member
Your word against his. Also, eyewitness accounts are not the nd all and be all. Next time, have a camera or video handy. Let him try to refute that.
 

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