Legal Question in Landlord & Tenant Law in California

i live next to be manager in my complex. He is single and lives alone. He contacted my job to complain that my wife had shoes in the dryer of our home. They e-mailed my boss false accusations about a dog living in the home and that she was seen drinking at the community pool but noone filed a complaint. they said we will be evicted if this continues. What does my job have anything to do with this? I am in the military and feel harrassed and embarrassed, this has gone on for 4 years. Do I have any rights to pursue legal actions against the complex for false accusations, intimidation, and harrasssment?


Asked on 5/21/11, 9:17 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I'm glad you mentioned that you are in the military, because it explains why your manager has been contacting your boss. If you worked for a civilian company, the property manager would probably never think of contacting your employer. In communities near military bases, however, the "word" among property managers is that if you have a military tenant, all you have to do is contact their commanding officer when the tenant is acting up or causing problems, and they will be reprimanded at work. Is it right? No, not at all. The landlord/manager is probably liable to you for violation of your rights of privacy. Does it happen all the time - absolutely.

You can, in theory, bring suit against your landlord/manager for violation of your rights of privacy. If you do so, however, while living in the complex, you can expect overt or subtle retaliation. That too is illegal, but it happens all the time. Before going that far, you can retain an attorney in your area and have them write a letter to your landlord and manager explaining that contacting your commanding officer is a violation of your rights - just because you are in the military doesn't mean that you have given up any of your rights on the outside world. Don't, however, expect that your commanding officer will back you up - most of the time the commanding officer is more concerned with your conduct on the outside world than with your right to privacy. Good luck, and thank you for your service.

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Answered on 7/12/11, 9:47 am


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