Legal Question in Real Estate Law in California

nudist gatherings-sex outdoor legal in view if neighbors

I live in an apartment with 6 units. Right next door to me the people are nude and have sex every night on the stair way attached to the building. This weekend they had a nudist party in the yard below the stairs.

I can not look at my front window or open my curtains with out having the full view of this. believe me it not pretty at all.Please let me know. Thanks


Asked on 10/10/05, 5:46 pm

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: nudist gatherings-sex outdoor legal in view if neighbors

first of all there is no real question here but i do understand what you what answer to -- eithout either annoying you or in any way offending you i want you to know i along with the practice of law do and have done since june 1960 stand up comedy and i find "stuff" i love to talk about and people laugh at everywhere and your question is pure fadder for at least 5-10 minutes on stage -- if this offends you the is a clause in the lease of rental agreement or if not there implied in the law called quiet enjoyment -- get an attorney, one preferably with a sense of humor who is expert in real estate and let him/her help you and give you your alternatives and advice -- basicly it sounds like you can save a great deal on the cable bill by taking advage of the situation but that is just my irreverent sense of humor -- goood luck to you

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Answered on 10/11/05, 1:47 pm
Daniel Harrison Berger Harrison, APC

Re: nudist gatherings-sex outdoor legal in view if neighbors

Write a letter to your landlord.

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Answered on 10/11/05, 5:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: nudist gatherings-sex outdoor legal in view if neighbors

There are probably local ordinances in your community regarding "public indecency" which may be the better way to go (ask your police or sheriff dep't.). The statewide Penal Code has a couple of sections (starting with 11225) making places where lewd conduct is commomplace public nuisances and providing for abatement as a crime prevention measure. Read Penal Code 11225 through 11228 or so and see if it fits better than local laws. Then call this situation to the cops' attention.

If this fails, you can probably bring a suit for private nuisance in civil court, although the level of personal involvement (and expense) you'd have to make may be distasteful and upsetting.

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Answered on 10/10/05, 7:04 pm


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