If my landlord won’t enforce any of my complaints regarding other tenants breaking the contract, what is the next step to get this resolved?

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If my landlord won’t enforce any of my complaints regarding other tenants breaking the contract, what is the next step to get this resolved?

Asked on December 1, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends on what contract and what breaches you are talking about.  For example, say you are discussing the lease, and one term is a no-smoking or no-pets clause. If another tenant is violating that term, you may be able to bring a legal action against the landlord seeking either compensation or to force the landlord to take action (e.g. evict) due to the other tenant's breach.

On the  other hand, say that the issue is that you and two roommates are jointly obligated to pay $1200/month in rent. Even if you had an agreement among yourselves that you would each pay $400, the landlord does not--and cannot--have to enforce that: the landlord is not a party to that agreement, and the agreement (lease) with the landlord only requires the three of you pay $1200 jointly; it does not specify the breakdown. In that case, you would take action directly against the other tenant(s).

Since the answer, and what you can or should do, depends on the specific facts, you should bring the contract in question to an attorney, who can review it and the situation with you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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