Legal Question in Real Estate Law in California

Gardener comes out every other week to the apartment I live in and uses a blower that covers everyone's car in the driveway in dirt, muck, and grime as he "cleans" the surroundings. This has a very real cost, 1hour+ personal time plus $50 hand car wash to undo the damage he does. Have asked him to simply come 3 hours later when everyone's cars will be gone, refused. Both the landlord and gardener are not willing to change the situation. Does this count as vandalism under the California code since he is essentially "painting" my car with dirt and costing me money every time?


Asked on 7/26/12, 10:25 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A district attorney trying to prove a charge of vandalism against the gardener would have a tough time establishing the necessary element that the gardener acted "maliciously," which is part of the definition of the crime. See Penal Code section 594. You need to look for some other solution, and I'm somewhat surprised that neither the gardener nor the landlord seem willing to address your complaint.

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Answered on 7/26/12, 2:22 pm


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