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Old 06-11-2005, 10:17 PM
ywen ywen is offline
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Default San Diego (CA) Help–Harassing neighbor and the unfair landlord (leasing office)

I am a full-time employed medical researcher. In last August I moved from Midwest to San Diego for my new job. I rented a 1-bed apartment from the present landlord, which could be a very nice place. One day in the second month, my downstairs neighbor started to ask me out for a drink, and I politely declined him. Ever since that day, he started to make all different kinds of noise complains to the leasing office, and I received numerous Notice of Noise notes and calls from leasing office based on his complains, but none of them could be confirmed by our 24 hours courtesy patrol, or the managers themselves. No matter how much I tried to keep quite, his complains never stopped. I a single girl lived in my apartment, and I have a very busy job. Every time the downstairs neighbor called the leasing office during the weekdays when I am off to work, and I had to defense myself several days after, when I received the notice. There have four major events he proved himself a liar on these noise complains: (1) In Sep 15, 2004, he called the Deputy Sheriff at midnight by saying my apartment sounded like a movie theater. When the Sheriff arrived, he found out I was the only one asleep in my apartment, and everything including TV, studio was completely off. Even that, the downstairs guy called the leasing office the second day and told the manager that the Sheriff had confirmed his complains. Until a week after when I received the Disturbance Note, I just knew his lie. I took a day off and got the Sheriff Officer testimony, and fax to the leasing office. The leasing office just simply put this note with my files, and no follow-up. (2) In Feb 22, 2005, another Sheriff was sent to my door at 11:55pm by the same complain. Once again, I had to dress myself from the bed and get the contact info, testimony from the Sheriff. When the leasing office sent me another noise note addressing his complains, I delivered these materials from Sheriff to them again. (3,4) In Apr 24 and June 10, same stories have happened again and again in the midnights, and I even got the written testimony both from the Sheriff and our 24 hours courtesy patrol. I came to the leasing office specifically explained the situation, and wished they could stop sending me the complaining note without a single, simple verfication. However, they told me that it is their job to just deliver the complain, not to verify it because they didn’t get time. In addition, they refused me to renew my 1-year round lease, and changed it to month-to-month lease, based on the “AMOUNT” of complains I had received, no matter they were all non-confirmed. Other than these, the downstairs guy had also tried all means possible to harass me, like knocking my door in the night by himself. I am really scared. Because my work is right in the middle of a big project, I don’t have time to find another apartment and schedule moving. Plus, I felt so mistreated and disappointed by the leasing office in disregarding all the terstimony from Sheriff, and their own patrol officer. I am desperately seeking help in handling this situation, and truly appreciate!
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Old 06-12-2005, 12:29 AM
elklaw elklaw is offline
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You should visit a landlord-tenant or real estate attorney in San Diego. There may be some legal liability for breach of covenant of peace and quiet enjoyment of your unit if that is a part of the lease against the tenant and the landlord for failing to deal with the tenant. Basically, your remedies are primarily going to come from the lease and not seeing it, hard to say much else.
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Old 06-12-2005, 11:57 AM
ywen ywen is offline
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Default Thank you very much!--and couples of questions

Lots of appreciation for the suggestion. Could I ask couples of questions before I go to see an attorney?
1) Right now my work is really busy, should I wait for couples of month, or should I go to a landlord-tenant attorney right away?
2) I read the Rules of Regulations on the addendum to Lease, it has been written in a quite vague manner. Everything mentioned in the 6-page lease requires the tenant to follow the rules, and I haven’t found any obligation statement from landlord side. Will that make a difference?
3) Will this be a time-consuming and expensive case?
--- Thanks again!
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