When I gave you (the problem tenant) the new lease to sign, you didn’t get back to me for a few days. Then I contacted you to tell you that I could not guarantee that I would be able to control the behavior of the upstairs tenants in general and sounds they make over your apartment during lengthy eviction proceedings in particular. All I was offering was the apartment without that guarantee. In its stead, I offered to allow you to move out of the apartment if it became uninhabitably noisy without having to pay the balance on the rent owed from the day you moved out until the end of the original lease. 

Shortly after the lease agreement was signed, you decided that the apartment was in fact uninhabitably noisy but that you were going to continue living there without paying rent anyway since you felt “you shouldn’t have to be the one forced to leave.”

Whether the upstairs should be evicted or not is ultimately up to a judge. Whether you chose to move out or not is up to you. In no case do the outcomes of those decisions imply that I am obligated to provide you with something that we agreed I might not be able to provide.

I just read some of your other post. This guy is the peeping tom ??? Why go out of your way to accomodate him ?? Do you want him to be comfortable & stay ?? And if he is a peeper - he is obviously DISTURBED & I would not trust anything he complains about !! Maybe the cats are also telling him to peek in everyone's windows.Does anyone else complain about the upstairs tenants ?? I would be monitoring this guy & speak to the police yourself about him. Do you have camera's outside the apartments ? perhaps you should consider that & concentrate on getting rid of him. I would take cats over a peeping tom..  

I got the idea about security camera's from RK & OHIO - it did not apply to my situation but sounds like it would for yours. but they did tell me you need to post a sign somewhere indicating that the property has such camera's. I hope you are documenting all the things going on with this tenant. are the other tenants able to identify him as the peeper? I still am not sure why you are doing all of what you are doing based on this guys complaints. verbal abuse? what kind of threats ? does he scare you ? talk to the police he sounds creepy.see if you can sign a complaint for verbal abuse & anything else you consider a threat.

How long ago was he peeping in windows ? can the other tenants identify him? Is he still doing this ? Please stop catering to his every complaint since you have already said he lies alot & is disturbed, you need to start keeping track of everything he does & it sounds like he knows how to push your buttons & has fun doing so. how much longer for his lease to expire? you need to ask the police about the verbal abuse - I was just trying to see if he has threatened you or anyone else personally in anyway. The next time he makes a stupid complaint & threatens to take you to court let him. you seem to have done alot to keep him from taking you to court.Do not be so intimidated by his complaints.some complaints are justified but he just wants to see how high he can make you jump.You can tell the difference between a reasonable complaint & a rediculous complaint.  

Thanks to California landlord/tenant laws, I'm stuck with the tenants from hell. They answered the complaint like skilled pros who have done this before. The laws are so 1-sided, in favor of deadbeat tenants. Legal Aid has advised them to fabricate that there are other occupants living in the unit that did not sign the lease. This is totally untrue, but it allows them to legally delay the case. Their lease term has ended, they haven't payed rent in over a month, and they walk around like they have all the time in the world and are making no efforts to pack or move. How can we as landlords eliminate such unfair advantages that the laws give them?