Legal Question in Landlord & Tenant Law in California
Since we, my husband and I, moved in this apartment 2 months ago, the neighbor's kids are running up and down the hallways at 8am and then starting again from 2pm til 8pm almost everyday.
We have a studio apartment and their 'running steps' are even louder than our TV. We also tried earphones, but it won't work. Even if one of us is under the shower or on the toilet you can hear them running. Sometimes we can't tell if an earthquake is coming or their kids are running again on the hallways.
I confronted the neighbor already one month ago. The only answer she gave me was "THEY ARE KIDS.." and what would be wrong with me to complain about such a stupid thing?!
I understand that they are kids but we have a little outside garden at this building where they can play and run around but they rather run in the hallway. And since I talked to my neighbor their kids sometimes playing with our doorknob as if they would like to enter which freaks our little dog out.
What exactly can we do? I was thinking about to record our doorknob from inside the apartment so we have evidence to show to the landlord and also record the noises from the apartment.
1 Answer from Attorneys
You might contact your landlord. In every rental agreement is an implied covenant of quiet enjoyment. You can tell the landlord that by permitting these neighbors to continue with the excessive noise, the landlord is allowing them to interfere with your quiet enjoyment. You might then put it in writing, certified return receipt mail, and keep a copy. If things don't improve, then, you can choose to move and/or sue the neighbor and landlord for nuisance and/or breach of the covenant.
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