Legal Question in Landlord & Tenant Law in California

California Neighbor

I have been fighting with my neighbor for the past 2 years over the use of his guitar at 11pm-2am. Many of his neighbors have called the cops on him including me. He still does it (4 to 5 nights a week) and as neighbors, we've been discussing suing him. He is breaking the noise ordinance laws, the lease agreement and has told us flat out that he will never stop. We feel the proof from video tape, 15+ eye witnesses and police records would be enough for our case.

I mean is this what we're left to do? We want to evict him forcibly and seek damages from 2 years of his actions.


Asked on 9/11/07, 5:41 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: California Neighbor

You cannot evict!. Only the landlord can evict.

The police are supposed to enforce noise ordinance laws. Continue to "hassle" the police about getting results. Sometimes a non-legal approach , such as contacting your congressman, or local elected officials, can get action.

Demand the landlord do something! Your lease can probably be broken, if you wish to move.

Also, if you get all of the "ear" witnesses together, and write a certified letter to landlord, you not only may get action, but you may be able to sue landlord and recover damages for a nuisance claim.

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Answered on 9/12/07, 10:11 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: California Neighbor

Only his landlord can evict him. What is the character of the neighborhood? It may not be a nuisance if it is not out of the norm of the surroundings, whether or not the premisis is zoned for commercial or mixed use or other factors. Has he tried sound proofing?

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Answered on 9/11/07, 8:36 pm


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