Legal Question in Landlord & Tenant Law in California
Harrassment by neighbors
I am having a problem with my downstairs neighbor. About 3
years ago, he suddenly he began complaining about my
''noise'' (walking around my home in slippers). He would bang
on the walls, knock on my door, chew me out, etc. I
accommodated as much as I could but his behavior became more
beligerent. We have an agreement that I water the lawn
and he takes in the garbage cans. He has now stopped
taking in the extra trash can. He then started moving the
other trash & recycling cans to the other side of the
drive, presumably to say, ''hands off''. When I continued
using them, he painted them with his house number and sent
me a note declaring that those cans were now his and I was
not to use them. I refused to be bullied and put my trash
in the cans he called ''his'' and found the trash that night
dumped in front of my stairs with a sign: ''Stop putting
your trash in OUR trash cans!'' He is volatile,
confrontative, and for all I know, violent. I've found my
watering tools damaged. I am feeling harassed. Do I have
any legal remedies? Can I get a cease & desist order? The
landlord would be happy to get rid of both of us, as we're
rent controlled, so he won't be hel
3 Answers from Attorneys
Re: Harrassment by neighbors
One thing I'd like to know before giving you a more complete answer is whether any of those garbage cans actually belong to you. Please let me know @[email protected]. If any of them were yours, his conduct there amounts to stealing your property. Let me know so I can post and send you a more complete reply.
Re: Harrassment by neighbors
First, it sounds like you have a basis to sue him for private nuisance, the tort of stalking, conversion of private property (garbage cans if you really owned some of them) and damage to property (watering tools). For this, you could not only sue for damages, but you could get a restraining order/injunction against his continuing such behavior. You also have potential criminal charges against him for theft (garbage cans if you own them), littering and malicious mischief (watering tools). You probably should consider having an attorney send him a "cease and desist" letter ordering him to stop this conduct or face suit, criminal charges, or both. I would be glad to write such a letter for you for a small fee. This may be a suit you can bring in small claims. However, I first have to determine if small claims court has injunctive powers. I will let you know when I hear back from you. But, you must be cognizant that this person may be mentally unstable. You seem to already sense that. From the moment any demand is served on him, you must be prepared for possible aggressive behavior from him. Should that occur, you should immediately call the police and ask for assistance. Do not answer your door if he comes beating on it. Just call 911. Keep a cell phone on you at all times. If he confronts you outside, immediately call 911. Try not to go outside unless there are other witnesses around to view whatever he may try. You can e-mail me at [email protected].
Although I now practice in Georgia, I have been a member of the California Bar since 1979, so your question was referred to me.
WW
Re: Harrassment by neighbors
I just checked small claims rules for you. SC court does not have general injunctive powers for this type of action. So, the only relief you could get there is money damages, and not an actual order for him to stop the behavior. So, if this is serious enough, you may need to file a regular lawsuit. You probably should consult a local attorney to discuss the possibility of filing a suit and obtaining a TRO/injunction against him.
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