Legal Question in Landlord & Tenant Law in California

Over 1yr ago, we ask upstairs neighbor to stop child from jumping, running, etc. (they have no carpet on hardwood fl).In turn they called police to have the "bass" adjusted on my stereo. It was done & has never been changed. However, the noise upstairs got worse, I spoke to LL, noise got worse. One afternoon neighbor came downstairs and yelled @ screamed @ me because they were home and new baby needed a nap, and 'bass' could be heard, neighbor informed me that she and her husband had to work to pay their rent, that we had the government paying ours...that I'd better turn if off or she would have the police here every day/night...I said OK and closed the door, sent a letter to the LL, he said he would speak with her, noise got worse. I attempted to get them into mediation, they refused...they smoke on the balcony so I can't open my patio, if it is the slightest bit of wind blowing, their ciggarette butts end up on my patio, because the LL has nothing posted there is nothing I can do....We can not get any rest because of the running, stomping, jumping, etc. I have letters from people who have been here and experienced the noise. Is there anything we can do ? Thank you


Asked on 6/29/11, 7:27 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

I don't mean to be a jerk or state the obvious, but moving is what comes to mind. I know that in spite of Section 8 Vouchers being theoretically "transferrable," it is hard to find a landlord willing to take them, but if the Landlord isn't going to do anything to help, you need to consider moving on.

You have the right to quiet and peaceful enjoyment of the premises you rent. That's true regardless of who pays your rent. If the landlord will not stop the upstairs neighbor from interfering with your use of your property, then you can sue to force him to do so, or you can sue the neighbor upstairs. The problem is that this is not the type of lawsuit that can be pursued in Small Claims. You will have to file in Superior Court, which generally means you will also need an attorney. If you can get legal aid to assist you, then you may be able to get some resolution. If you have to hire an attorney to prepare and file a suit, then you had better find a big piggy bank, as litigation is extremely expensive, and beyond the reach of most people. I wish you good luck - this is really a bad situation, but barring a lawsuit, you almost certainly cannot get the landlord to do what he should.

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Answered on 7/11/11, 3:40 pm


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