If I am being harassed by another tenant, can they be evicted?

Asked on September 1, 2012 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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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