What can be done to enforce a rule that was written in a lease?

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What can be done to enforce a rule that was written in a lease?

I live in a mobile home trailer park and there are a lot of children living here. These children don’t respect other’s property, are never watched by parents/guardians, and make too much noise. One of my neighbors read in the contract that there are to be no children in the streets. The manager or person in charge is aware of this, but has done nothing to enforce it.

Asked on August 30, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with an attorney. There are several possibilities:

1) If  the leases and/or community rules restrict certain behavior, it *may* be possible to enforce those rules; though note that the rules would themselves have to be legal and enforceable (not all anti-children rules might be) and also that there are sometimes issues about enforcing rules in someone else's lease (or contact) against them or their children.

2) Regardless of the above, there's something called a "covenant of quiet enjoyment" which states the people who lease property should be allowed to enjoy it free from unreasonable disturbance. This can be enforced both directly against the landlord (if he is violating it) or indirectly (if the landlord is allowing other tenants to disturb you), so you might have some recourse here.

3) You might have rights directly against the children's family for tresspassing and/or disturbing the peace.

4) There might be local noise ordinances (e.g. how late can noise be made outside) that can be enforced.

5) It might be possible, if children are not being supervised, to report the families to the proper child welfare/family authorities.

An attorney can help you determine how best to protect your rights. Good luck.


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