Oakland, CA asked in Landlord - Tenant for California

Q: The landlord won’t allow kids to play soccer, we end up getting fined

I don’t believe such a rule is listed under contract, several neighbors are having various complaints about the landlord

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation involves several important aspects of landlord-tenant law and property rights. Let's break it down:

1. Lease agreement: First, review your lease agreement carefully. If there's no specific clause prohibiting soccer or similar activities, the landlord may be overstepping.

2. Reasonable use: Tenants generally have the right to reasonable use of common areas. Playing soccer, if done at reasonable hours and without causing damage, could be considered normal use.

3. Discrimination concerns: Rules that disproportionately affect families with children could potentially be seen as discriminatory under fair housing laws.

4. Fines: If fines aren't specified in the lease, the landlord may not have the right to impose them arbitrarily.

5. Multiple complaints: The fact that other neighbors have complaints suggests there might be broader issues with the landlord's management practices.

Next steps to consider:

1. Document everything: Keep records of all interactions, fines, and incidents related to this issue.

2. Communicate in writing: Ask the landlord to provide the specific rule or lease clause that prohibits soccer playing.

3. Collective action: Consider discussing the issue with other tenants. A united front can be more effective in addressing concerns with the landlord.

4. Legal consultation: It may be worthwhile to consult with a tenant rights organization or a landlord-tenant attorney to understand your rights fully.

5. Mediation: Some localities offer mediation services for landlord-tenant disputes, which could be a less confrontational way to resolve the issue.

6. Complaint to housing authorities: If you believe the landlord is violating fair housing laws or local ordinances, you might consider filing a complaint with local housing authorities or the California Department of Fair Employment and Housing.

Remember, landlords do have the right to implement reasonable rules to maintain the property and ensure all tenants' peaceful enjoyment. However, these rules should be clearly communicated, applied fairly, and not be discriminatory.

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