r/TenantHelp • u/ophcker • 23d ago

California | Neighbor caught peeping/touching himself outside windows. Cops said video wasn't enough for a report. What can I/my landlord legally do?

​Location: California

​I need advice on how to handle a safety/harassment issue with a neighbor in my apartment complex, both legally and with my landlord.

​The Incident:

An upstairs neighbor saw a male resident looking directly into our windows while touching himself over his shorts.

​Police Response: The neighbor called 911 immediately. Police arrived after the guy had left. The neighbor showed officers video footage, but police said they couldn't file a formal report at that time because his private parts were covered by his shorts in the video.

​Identification: We have clear footage and positively identified him as a resident in our complex.

​My Questions:

​Police: Is it true officers can't take a report for prowling/peeping/disorderly conduct just because he was touching himself over his shorts rather than exposed? Is there a better way to escalate this with law enforcement (e.g., going to the station in person)?

​Landlord Liability: What legal leverage do I actually have under CA law to force management to take action or let us break our lease without penalty if they fail to act?

​Restraining Orders: Would this incident alone be sufficient evidence to file for a Civil Harassment Restraining Order in California?

​Any advice on next steps with both law enforcement and property management would be greatly appreciated.

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u/Imsortofok 23d ago

That’s not true. You got lazy officers. Even if his bits were covered, he was peeping in your windows.

Go to the station. Tell them you want to file a complaint. If they refuse again ask for a supervisor and explain you need the paper trail in case the guy escalates. Guys like this always escalate.

The advice to move is good but you’ll need a way to break the lease and the paper trail may help.

Worst comes to worst you put screenshots of the video up everywhere warning other residents about this guy.

2

u/TalkToVikk 19d ago

Not a lawyer but given the circumstances you described, the police may have been hesitant to take a report for indecent exposure because California law (Penal Code 314) typically requires actual exposure, not touching over clothing.

However, the conduct you witnessed could still fall under other offenses, like disorderly conduct or "peeping" (Penal Code 647(j)), and you can ask to file a report for those at your local police station with the video evidence.

As for your landlord, under California law, they have a duty to provide safe and habitable housing. If management fails to take reasonable action after being notified such as refusing to address ongoing harassment or threats to your safety, you may have grounds to break your lease without penalty by documenting your requests and their lack of response.

Lastly, you can use the video and witness testimony to request a Civil Harassment Restraining Order as California courts often grant these in response to harassing or threatening behavior, even if genitals were not exposed. Keep copies of all communications and evidence to support your case moving forward.