If I am being harassed by another tenant, can they be evicted?
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If I am being harassed by another tenant, can they be evicted?
Asked on September 1, 2012 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease, there is a covenant of quiet enjoyment, which means that a tenant cannot be disturbed in his or her use and enjoyment of the premises. A tenant who is harassing you constituting a breach of the covenant of quiet enjoyment can be evicted by the landlord.
Depending on what exactly the tenant has been doing to harass you, the tenant's action may constitute a nuisance which would result in eviction.
It would be advisable to pursue this as a breach of the covenant of quiet enjoyment instead of nuisance because the covenant of quiet enjoyment is much broader than the acts that have been specifically designated as a nuisance.
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