Legal Question in Landlord & Tenant Law in California
How to file a complaint on an apt.?
We're having problems with our apt. manager and the tenants upstairs. The tenants are constantly chatting outside at 2am or slamming their doors, running upstairs, stomping on the floor, etc. Not something serious to call the police for. My son is terrified and wakes up when this happens. We've told our manager many times and she says ''why don't you close your windows'' or she said ''you know you live in an apt. and gotta give a little''. I've wrote to the management company with no avail. Any suggestions? We are at our wit's end and its not fair to live like this.
2 Answers from Attorneys
Re: How to file a complaint on an apt.?
Time to put the owner on notice that the owner is violating the implied covenant of quiet enjoyment that's implied in your lease. Write a certified, return receipt letter to owner (keep a copy), and give owner sufficient time to do something about it. If owner refuses, your options are to move, you can bring a nuisance action against your neighbors, and a breach of lease agreement action against the owner. Your lease might allow you attorney's fees if you prevail in court.
Re: How to file a complaint on an apt.?
My answer would be to totally concur with Mr. Cohen's advice.
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