Legal Question in Landlord & Tenant Law in California

My landlord owns both the house we live in, and the large house next to us in close proximity & which shares an easement driveway. He decided to repaint the house, much of it with a sprayer.

My significant other who shares the lease with me is highly allergic to latex, once hospitalized with analphylactic shock from exposure. She is also asthmatic, which flares up from VOC exposure. So, his actions on the property next door are endangering my S.O.'s health unless she frequently leaves the property and revises her plans.

I learned from his painter that he will be exterior painting from now probably into November. While we are comfortable with this inconvenience and concern for a week or two and have endured such projects before without complaint when they give us sufficient notice of painting days, this is so extended a project that it is a huge inconvenience and stress. My S.O. has already made arrangements to be away next week when she would much rather enjoy the property.

I have written the landlord a polite letter informing him of her problem, letting him know we will do what we can to try to work with the scheduling, but asking him to try to work with us as well. I was informed today by the painter that the landlord's response he was very annoyed by me and told the painter to "Do whatever the f$#% you want." It appears he is not in a cooperative mood and sees us as an imposition on him, without seeing the other side of it and how much it is affecting our tenancy.

I am having a long-awaited hip replacement surgery on Nov. 5th, and my S.O. will need to here - in the home we are paying rent on - while I need help recouperating. The painter informed me we'd just have to deal on our own him painting that week if he needs to.

Do we have any legal rights to limit his schedule and/or a legal right to reimbursements on rent for loss of peaceful enjoyment of the property, especially because it is his house next door and not ours getting worked on? What might be suggested as how I might deal with him if he continues to be cantankerous?

He is an MD, and should be somewhat sympathetic to such matters. I am doing my best not to be a 'complainer', but the imposition is bad. I hope to have the option to renew our lease next May 20th, so are doing our best to play a balancing act. I also had a heart attack last June, so this stress is not good for me.


Asked on 10/04/14, 12:59 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

A month to paint a house sounds a bit over the top. I've painted fairly large houses myself with a sprayer in a day.

Painting in Santa Cruz in late October with latex paint also sounds like a recipe for disaster. It is time for you to consider how much you really want to keep renting the house from this guy.

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Answered on 10/06/14, 7:58 am


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