Real Estate Law (esp. Landlord-Tenant)/Rent


We are renting an apartment and were harrassed by our neighbor for being gay. Long story short it was a nightmare and we had to file for a restraining order which was granted and also there was a felony hate crime filed as well against the person that was harrassing us. Now we are moving out after only 8 months but our question is can we get back the rent money we paid (as well as moving costs) because the lease states we should have quiet enjoyment of our apartment which clearly wasn't the case?
Thank you!

Hi Gary,

Whether or not you can recover anything from the landlord will, in part, be determined by whether or not the landlord contributed to the problem. Did the landlord own the other unit where the other person was living? Did you notify the landlord of the problem? Without knowing more details, my feeling is that the landlord probably wasn't responsible for the actions of your neighbor, but you might be able to sue your neighbor in small claims court to try and recover some expenses.

Hope this helps.

David Piotrowski
Attorney at Law

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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