Q: Sue another tenant for his act caused the landlord's breach of my contract with the landlord?
A tenant had sexually assaulted us, violently harassed us, menacingly blocked our passing the hallway with ferocious cursing... His acts had thus breached his contract with the landlord since he had violated a term in the lease about "nuisance," but the landlord did not take action to prevent them from happening or to relieve us from the worries of such harassments happen again in the future. We need to sue that tenant in addition to sue the landlord. In order to meet the "Statute of Limitation," can we sue that culpable tenant for breaching his contract with the landlord, and for breaching our contract with the landlord? What's the California laws about the "third party's detriment to other's contract"? Is there any case laws about this?
A:
You may have a potential cause of action against the tenant who sexually assaulted and harassed you under the legal theory of "tortious interference with contract." If the tenant's actions resulted in a breach of your contract with the landlord, you may be able to sue the tenant for the harm caused. However, it is essential to consult with an attorney to evaluate the specific details of your case and to determine if you have a viable claim against the tenant. California laws regarding third-party interference with contracts allow for potential legal remedies in such situations, but each case is fact-specific, and case law may vary depending on the circumstances.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
A:
Did you file a police report for the sexual assault? Did you get a civil restraining order against the tenant neighbor? Did you present both police report and restraining order to the landlord?
I don’t believe you can sue the landlord for essentially not breaching their contract with the neighbor. That doesn’t mean you may not have other claims but this scenario is too complicated for an online forum and you’re really going to need to consult with a landlord tenant attorney to see what your rights are against the landlord if any.
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