I have this thread in MPSIMS right now and was hoping if I put it here in GQ, I could get some more advice.
Basically I want to sue my neighbors for nusicance after 3 years of Hell and this is where I am…(most recent post in last thread)
I called a “Mediator” that turned out to be a lawyer who says he has experience in these types of cases. He told me that my case isn’t against my neighbors, but against my landlord. In everyone’s lease there is a “quiet enjoyment” right and since my landlords or apartment managers said they will not be a part of any neighbor disputes, then I need to go after them.
I’m going to get a second opinion tomorrow but so far the apt. mgt has denied getting me copies of the security incident reports even after I called the security company myself and they said it’s no problem to give them to my apartment mgt and they can give them to me.
The lawyer advised me to make a chronological account of everything that’s happened, fax it to him and he would write up a legal letter to my apartment mgt. demanding then to fulfill the obligation of the lease.
The lease states “Resident shall, and shall cause Occupant and any Guests to: show due consideration for neighbors and not interfere with, disturb or threaten the rights, comfort, health, safety, convenience, quiet enjoyment and use of the Community by Lessor and** Lessor shall be the sole judge of acceptable conduct”.**
Now that last sentence says basically that the management is in charge, right? So they have to at least step in and try to help, right? I’m really confused and don’t know which way to go now. The lawyer said that if the mgt. does nothing then I can withdraw my rent and they cannot do anything under the “retaliation eviction” law in California. Is that true???