Legal Question in Business Law in California

Teenage Rock Band Playing Next Door

There is a teenage rock band with a drummer, guitarist, and lead singer that plays in the backyard next door to my residence. They are my neighbors, they are the sons of the neighbor. I called the police on them for their noise and the police advised the parents to stop the noise. The parents then advised me that they are going to construct a ''sound proof'' music studio in their backyard so that their sons can play.

After construction of this studio, they again began playing, and I can hear the noise still, the studio is not sound proof. The studio does suppress the noise somewhat, but its still annoying. I can hear drums banging, a guitar playing, and a singer singing when I am trying to watch TV, am in the bathroom, or when I'm taking a nap or just trying to relax in my home. It's still pretty loud despite the studio, and its not ''sound proof'' as they've claimed.

Is having a teenage rock band in a residential neighborhood even legal? Before I consider suing, I want to know if this is even legal first. Shouldn't a rock band get a music studio in an industrial area? Are they allowed to practice in a residential area?


Asked on 10/16/06, 7:10 pm

4 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Teenage Rock Band Playing Next Door

Take a breath first. Before going into litigation, you may want to contact the city attorney or call 311, to find out about their mediation program. The service is free and may be a good first step in settling the dispute. Litigation is expensive and emotional, and it destroys neighborly relationships. It's good for the kids that they're not on the streets, but you need your peace and quiet. There are rehearsal studios all over LA, and though they may cost money, maybe it's better the money goes there than into litigation. Good luck......

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Answered on 10/17/06, 2:17 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Teenage Rock Band Playing Next Door

You, just like your neighbors at issue, are entitled to quiet enjoyment and use of your property, and are legally obligated not to infringe on the rights of others in this respect. Under the circumstances, your best option here would be to file a private nuisance lawsuit for damages and/or court ordered injunctive relief to put an end to the noise once and for all, especially if your other neighbors are experiencing the same problems with the band at issue.

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Answered on 10/16/06, 7:21 pm
Terry A. Nelson Nelson & Lawless

Re: Teenage Rock Band Playing Next Door

The only thing illegal is excessive noise after hours. Keep complaining, as long as it doesn't start a 'neighborhood war'.

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Answered on 10/23/06, 9:23 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Teenage Rock Band Playing Next Door

I agree with the previous attorneys response. However, I would retain an attorney and write a formal cease and desist letter. If that does not do the trick then go for the lawsuit. For a free consultation on this matter you can call me at 8187391544 ext 10 or check out my website at best.law.pro

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Answered on 10/17/06, 3:53 am


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