Full question:
I am an artist and rent an office space which includes an outside patio in the back. But dope smokers, congregate and the owner of the building has refused to put up a 'No Trespass' sign. I've called the police several times...What are my legal remedies for damages.
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: California
Answer:
A tenant has an implied right to peaceful and quiet enjoyment of their premises. Whether the presence of congregating individuals is disturbing enough to violate this right is subjective and would be determined by a court. Factors considered may include police reports of crimes involving these individuals, whether they are on the patio or a public area, and if the patio is part of the leased property. If you are deprived of using the patio or feel threatened due to criminal activity, you may have grounds for a claim.
A tenant's right to quiet enjoyment is impaired if the landlord blocks access or significantly alters the premises, making it unsuitable for its intended use. If you have notified the landlord in writing about the issue and they have not acted reasonably to resolve it, you may claim a material breach of the lease.
Nuisance law defines a nuisance as substantial interference with the use and enjoyment of land, which can be intentional, negligent, or ultrahazardous. This includes activities that cause unpleasant smells, noise, or other disturbances. If a nuisance affects your peaceful enjoyment of your property, it may serve as a basis for a lawsuit for damages or an injunction to stop the activity.
An injunction is a court order requiring someone to do or refrain from doing something. To obtain one, you typically must prove: (1) a strong likelihood of success on the merits; (2) irreparable injury without the injunction; (3) no substantial harm to others from issuing the injunction; and (4) that the public interest would be served.
Strategies for addressing this issue include:
- Discussing the problem with or writing to the individuals involved
- Calling the police to file a complaint
- Requesting the landlord or neighborhood body to intervene
- Filing a lawsuit for breach of peaceful enjoyment, nuisance, or harassment
- Contacting a local councilperson about potential ordinances
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.