Q: I live in California. I own my house..well the bank. Adjacent to my property is a 2 rental houses on the same lot.

A: In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:

1. Duty of care: The property owner has a legal duty to maintain a reasonably safe environment for people on or near the property, including taking reasonable steps to prevent foreseeable criminal acts by tenants.

2. Breach of duty: The property owner breached this duty by failing to take reasonable actions to prevent the tenant's criminal behavior, such as properly screening tenants, addressing known dangerous behavior, or providing adequate security measures.

3. Causation: The property owner's breach of duty was a substantial factor in causing your injuries from the assault.

4. Damages: You suffered actual damages (e.g., physical injuries, emotional distress, medical expenses) as a result of the assault.

To strengthen your case, you would need to show that:

1. The property owner knew or should have known about the tenant's dangerous propensities or prior criminal behavior.

2. The assault was reasonably foreseeable based on the tenant's history or the property's location in a high-crime area.

3. The property owner failed to take reasonable steps to mitigate the risk of harm to others.

It's important to note that holding a property owner liable for a tenant's criminal acts can be challenging, and the specific circumstances of your case will be crucial. You should consult with an experienced personal injury attorney in California who can assess your case, gather evidence, and advise you on the best course of action.

A: Thank you for asking the question!

1. Civil or or Criminal Nuisance

Nuisance is anything injurious to health: (including but not limited to) indecent or offensive to the senses, obstruction to free use of property, interfere with the comfortable enjoyment of life or property, unlawfully obstructs the free passage or use in the customer manner of any public park, square, street, etc.

When the nuisance affects an entire community or neighborhood or a considerable number of persons, it is "public nuisance." It can be prosecuted in Civil or Criminal lawsuit by aggrieved people or prosecutors.

2. Negligence

The landlord can be held liable: a. when the landlord is on notice about the existing nuisance on his property, but fails to take actions; or b. When the landlord had a duty to run a background check, but he failed to do so and the neighborhood is a high crime area.

You can take these steps to protect yourself:

A. Complain to landlord in both oral and written forms:

B. Commence a nuisance lawsuit against both the landlord and tenant;

C. File a complaint with the city or county; and

D. Ask other neighbors about this tenant. If there are other neighbors who have had the same experience with or concerns about this tenant.

This is merely discussion of CA general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.

Please let me know if you need further assistance.

Wish you luck.