Assaulted by a Neighbor in Apartment Building – Can I Sue?

Yes, under California law, landlords, apartment building managers and property management firms can be sued if you are assaulted because of their failure to address a dangerous neighbor. Tenants can file a lawsuit if there is a failure to deal with nuisance neighbors that violate their “quite enjoyment” of the property they are renting. This is specified in California Civil Code 1927, which states that landlords have an obligation to ensure that tenants have peaceful possession of their unit, free from unreasonable disturbances. Though taking measures to evict someone from an apartment is the last resort, it must be done if a tenant’s behavior continually disrupts others in the building or threatens people’s safety.

If you are a tenant who was physically assaulted by your neighbor, it’s essential to obtain answers to the following questions:

Can I sue the apartment building owner or manager if I was assaulted by a neighbor?

A lawyer with experience in lawsuits against negligent landlords and management companies is available to speak with you here at Normandie Law Firm. Reach out to us as soon as possible and schedule a free case evaluation.

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Definition of a Nuisance Neighbor

According to the laws in California, a nuisance neighbor is someone who is: 1) interfering with the comfortable enjoyment of your property, 2) engages in indecent or offensive conduct, 3) causes fires or other potentially hazardous conditions, or 4) is harmful to your health or that of others in the building.

Many of these cases involve smoking in the building, use of obscenities, racial slurs, and sexually explicit comments, selling and/or using drugs, sexual harassment, allowing vagrants into the property, playing loud music, causing unsanitary conditions, and other issues that you may have come across in your time as a renter. Assault cases are not as common, but failure to evict or take some other action against a dangerous tenant can certainly result in a case of assault and battery.

A Landlord’s Duty of Care When There is a Nuisance Neighbor

Landlords, property managers, apartment building management, and other entities in charge of a building must take action when there is a complaint about a disruptive neighbor. The process normally begins with an investigation into the allegations, which may involve reviewing camera footage, talking to nearby tenants, and other actions to gather information that supports the complaint. A written log of complaints should be initiated by the building manager, but the affected tenant should also keep a log for their own records. The landlord should advise the tenant to call police and file a report if they feel threatened, and to file a restraining order against the nuisance neighbor if they have grounds to do so.

Responsible management companies typically consult a landlord-tenant lawyer to discuss what they should do based on the evidence they have. In many cases, a warning letter is sent to the nuisance tenant, followed by a “curable eviction notice.” Essentially, this warns the individual that the building owner / manager will file for an eviction is they do not cease the behavior in question. If the offending behavior continues, the landlord will need to move forward with an eviction notice from the court.

What Steps can be Taken to Protect Tenants from a Dangerous Person in the Building?

Aside from talking to a tenants’ rights lawyer, those in charge of an apartment building must take steps to help the person that is affected. Otherwise, they are liable if the tenant is harmed by a nuisance neighbor that they knew about, but failed to evict. Of course, evictions take considerable time and effort, so in the meantime, landlords have a duty to take minimum measures, like installing security cameras and enhancing other forms of security, issuing warning letters and fines, and offering to move the complainant to another unit if at all possible.

What can I Do as the Tenant in Danger?

It’s essential that you keep written records of every incident involving the nuisance tenant. This includes making all complaints in writing and saving all your emails or texts to the management company or your landlord. You may be afraid of complaining too often and being a nuisance yourself, but don’t hesitate to document each and every time your rights are violated. Make sure that your complaints are detailed, but succinct enough to give the landlord a clear picture of how you are impacted by the other tenant’s behavior. Though you may be tempted to include unsavory comments about the other person, please stick to the facts to avoid saying anything that can make it look like you have a personal agenda against the nuisance neighbor.

It’s also a good idea to find witnesses and obtain statements from them as well. Surely, they have their own stories of being disturbed or menaced by this person. Friends and family members of other tenants may have had incidents as well, and this is helpful in showing the level of harm and suffering caused by this individual. Encourage other affected tenants to keep written logs, since the more evidence you have, the stronger your case will be in the event of a lawsuit. Some people use a calendar app or print out of a calendar to show a visual log of events, and this can be quite helpful as well.

Things You Should Avoid When Dealing with a Nuisance Tenant

Just like your landlord has certain duties when there is a nuisance tenant in the building, you also have responsibilities under the law. For one thing, do not do anything to provoke the neighbor, as you may be caught on video doing something that is against the law. Avoid speaking if you run into them and call the police immediately if they say anything to you that can be perceived as a threat.

We know it’s difficult to not take things into your own hands, but doing so is often used as an excuse by building managers and owners to wash their hands of the affair altogether. Once the complaining tenant strikes back, the whole situation can be seen as a personal dispute that should be settled between the two parties. No matter what, you must show that you did not do anything to contribute to the other tenant’s actions, nor did you violate their rights in any way.

For more information on how to protect yourself, call us and talk to an apartment building negligence lawsuit attorney.

Monetary Damages for Assault and Battery Victims

When you are the victim of a negligent apartment building owner or manager, you can seek payment for numerous damages that have to do with your losses. You can also claim compensation for the emotional trauma of what you went through, which are known as non-economic damages. With help from an apartment building neighbor assault and battery lawyer, here are the damages that may be recovered:

• Medical expenses
• Wages that are lost due to your medical needs
• Pain and suffering
• Emotional distress
• Damage to your property
• Refund on rental payments
• Cost of moving out
• Legal fees
• Punitive damages

Free Legal Services for Assault and Battery Victims

By contacting us today, you can receive a Zero Fee Guarantee from the lawyers of Normandie. That means you pay $0 to hire us and get started on a nuisance neighbor lawsuit against your landlord or apartment complex. All payments for legal fees are covered by the party that harmed you, which we only receive by winning your case. If we don’t recover your settlement, we won’t ask you for a single penny towards our expenses.

Contact our office today and let us fight for you if you were assaulted by a neighbor in your apartment building.

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