Gray•Duffy’s proactive role helps diffuse contentious landlord tenant dispute.

November 2017

Overview

Gray•Duffy successfully defends against a potential habitability and breach of quiet enjoyment claim against its client, San Jose Garden Apartments.

Discussion

Gray•Duffy’s client GK Management Co., Inc. manages and operates San Jose Garden Apartments in San Jose, California. One of the Section 8 subsidized tenants at the complex had an ongoing dispute with a first floor tenant who lived directly below her second floor unit. The upstairs tenant complained over a two-year period of racial and ethnic epithets, loud music and arguing, habitual smoking of marijuana and other drugs and an overall negative environment created by the downstairs tenant, which breached the covenant of quite enjoyment and habitability contained in the lease agreement with the San Jose Garden Apartments.

The upstairs tenant retained counsel but through lengthy and protracted negotiations, a lawsuit was avoided and a successful settlement of the claim was negotiated without the payment of any money or other consideration. Ultimately, the downstairs tenant was evicted via an unlawful detainer trial in Superior Court, and the upstairs tenant was relocated to a different building of the apartment complex.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.