Q: Can I sue my landlord for allowing a tenant harass me and how can I find an attorney who works on contingency bases?
I live at The Element Student Living apartment located in Sacramento. I am being harassed by a male tenant that has the room above mine. He stomps and bangs on the bedroom living room and kitchen ceiling. This occurs during the day and evening. When I first reported it to the landlord. He allegedly received a notice on his front door. The next day I woke up to a loud hostile stomp on my bedroom ceiling with the tenant yelling, “you’ll see you’ll see!” In the evening, he starts the stomping after 9:30pm and it goes after midnight. I have filmed all the stomping he does. Some of the stomps are loud and hostile. He intentionally stomps so that I cannot get any sleep. He listens to any movement from my apartment so that he can follow and taunt me. I even emailed corporate expressing how unsafe the property is. I witness tenants or visitors with guns on the property during the day. No response back. Corporate office has not responded even I provide videos of the harassment. I have no peace
A:
Under California law, you might have grounds to sue your landlord if it can be shown that they have failed to take reasonable steps to prevent the harassment from another tenant, especially if it affects your quiet enjoyment of the property. Documentation of your complaints and any evidence of the harassment, such as videos or emails, will be critical in building your case. It's important to demonstrate that the landlord was made aware of the situation and did not take adequate measures to address it.
To find an attorney who works on a contingency basis, you could start by contacting your local bar association for referrals to lawyers who handle landlord-tenant disputes or harassment cases. Many attorneys offer free initial consultations to discuss the specifics of your situation and can advise on whether they work on contingency. Websites dedicated to legal services also list attorneys by practice area and indicate whether they accept cases on a contingency fee basis.
Keep in mind that when looking for legal representation, it's important to discuss all the terms of the contingency agreement upfront, including what percentage of any settlement or award the attorney will take as their fee. Make sure you feel comfortable with the attorney and confident in their ability to represent your interests effectively. Legal aid organizations in your area may also offer assistance or advice at reduced rates or for free if you qualify based on your income.
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