Legal Question in Landlord & Tenant Law in California

Apartment Water Sprinkler Noises too loud at 2am-4am

My apartment complex waters the grass during the night at starting at approx. 2am-3am for about 30 minutes almost everyday. The water sprinklers seem louder than usual at night when everything else is silent. The noises always wake me up. I really cannot sleep well here at all.

I asked the landlord if they could move the grass watering time to daytime several times in the past couple of weeks. Everytime the landlord said ''I need to talk to maintenance'' . When I asked her again, she kept saying the maintenance people have not replied.

Is it legal for them to water at night and make loud sprinkler noises?

Thanks


Asked on 8/23/08, 5:51 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Apartment Water Sprinkler Noises too loud at 2am-4am

Your lease agreement has an implied covenant of "quiet enjoyment" of your property. This includes uninterrupted sleep. Send your landlord a certified letter regarding this issue (keep a copy). Give her a deadline to fix it. (It's actually an easy fix.)

Unfortunately, I'm not a gardener, but I understand that it could be dangerous to water plants during the day, because the water residue could magnify the heat from the sun and burn plants. Also, you'd probably use more water during the day because it would dry out more quickly. Perhaps earlier in the evening, or even around 5:30 or 6 a.m. would work.

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Answered on 8/23/08, 6:07 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Apartment Water Sprinkler Noises too loud at 2am-4am

My learned colleague, Mr. Cohen, has given you excellent advice.

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Answered on 8/24/08, 7:15 am


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