Legal Question in Real Estate Law in California
Upstairs neighbor with noisy kids
I have lived in my apartment for 5 1/2 years. Recently, new neighbors moved upstairs in the one bedroom apartment. They are a young married couple with 3 small childres, ages 3 to 8. These children are noisy, constantly running and yelling, slamming doors, they play in the kitchen and drop things, the mother wears heels and walks very noisily. The TV or stereo echo down the wall at all hours. The children are allowed unsupervised in the complex (a violation of the rental agreement) and bang my windows and have broken some of my outside ceramics. I have asked them to quiet down, but they claim to speak only Spanish. I have notified my manager numerous times and he said he sent them a letter. What other action can I take? Their next door neighbor has the same complaints about the noise. The manager told me that they claimed to only have one child which is why he rented to them.
1 Answer from Attorneys
Re: Upstairs neighbor with noisy kids
A lot depends on whether the manager is willing to do anything to help you. If he is, he can give a 3 day notice to comply with the lease or quit. The lease normally lists the number (and sometimes the names) of permitted occupants. He can also require compliance with the quiet enjoyment provision of the lease. He could send warning letter or notice instead of a 3-day notice to give more time to correct this.
Families with children are protected by the federal Fair Housing Act and by equivalent California law. However, a landlord is not required to permit more than a reasonable number of persons in a unit. Two persons per bedroom is presumptively reasonable. The landlord can't call a bedroom an "office" or "den" to lower the number of people allowed.
If the manager does not want to help, you could bring a small claims actions for nuisance against the other tenant. You could also sue the landlord in small claims court to enforce your right to quiet enjoyment. If you sue the tenant, you likely will have problems collecting the judgment. If you sue the landlord, you may ruin your relationship.
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