What is my right to fight a new tenant coming into my building if we have had a previous history of problems?

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What is my right to fight a new tenant coming into my building if we have had a previous history of problems?

My landlord is moving in a mentally ill person that I have had previous problems with – last time they lived above me they flooded my apartment on 2 separate occasions – the second occasion required the landlord to put in a new ceiling in my apartment bathroom. This person is a family friend of the landlord and has previously lived in 3 separate units in my complex. When I expressed concerns about this person moving in again, the landlord suggested I move to another apartment in the complex that rents for $130 a month more than I currently pay. Do I have any legal right?

Asked on July 28, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really do not have much say in who the landlord want to rent another apartment to. However, given the prior problems that you have had with the possible new tenant, you might consider writing a letter to the landlord about the prior problems and let the landlord know that if the new tenant becomes disruptive or causes problems with your habitability of the rented unit or concerns about your safety, you intend to move and deem the lease you have breached by the landlord.

Keep a copy of the letter for future reference.

If there are problems with the the tenant, you have already put the landlord on notice of the potential for problems where your claim that the habitability of your lease has been violated by the landlord's rental of this new tenant down the road.

Good luck.


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