What are my rights as a renter when it comes to a mentally ill man walking naked through my apartment building?
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What are my rights as a renter when it comes to a mentally ill man walking naked through my apartment building?
The police said that he is protected under the mental health act and we cannot file for a restraining order or file an indecent exposure report. This man was three feet behind my 5 year old son and this has happened 4 times so far. The police took him in on a 5150 yesterday. The landlord will not evict him either due to the mental health act, she says. Do I have any rights as a renter to get this guy out of our complex? The police officer also suggested to my wife that if it bothers her that much we should just move. I have no idea what to do next.
Asked on December 30, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a mentally ill person walking naked through your apartment complex where you and your family fear for your safety, I suggest that you consult with a landlord tenant attorney with respect to the following suggestions:
1. file a petition for a restraining order against the naked tenant seeking a safe distance order from the court and an order that he be fully clothed in public.
2. inquire of the landlord tenant attorney after he or she reads your written lease as to whether or not you have terminate your lease without recourse if the landlord will not do something as to evicting the naked neighbor.
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