Legal Question in Landlord & Tenant Law in California

Can a lease prohibit parties?

I live next to a nuisance rental, which is essentially a mini-dorm. I haven't slept in months because of the parties. I've been working with the landlord, trying to get him to get his tennants under control (6 college students in a three bedroom house).

He is about to rent the house out to a new batch of students, is there anything that he can legally put in his lease to prevent these problems in the future? Can he prohibit parties and loud noise?


Asked on 5/15/09, 4:32 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Can a lease prohibit parties?

You can contact the local code enforcement office if there are issues under the local zoning, housing or other laws. These might include over-crowding (though two people to a bedroom doesn't hit the mark), and violations of any noise ordinances that exist where you live (I've had clients who had code-enforcement on speed dial for noise problems after 10:00 pm). You can also call the police anytime the noise is excessive; in most cities that would be past 10:00 pm. Finally, you may be able to file a private action for nuisance and potentially other causes of action. There are no really great solutions, and you mention in your post that you are already doing my number one recommendation - working with the property owner. Unfortunately, he can only control their conduct to a degree, after which you will either have to pursue this in court, with the police or code enforcement. The property owner needs to have his tenants sign express Rules and Regulations, and be willing to enforce those rules through lawful means.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/15/09, 4:44 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can a lease prohibit parties?

Yes, but put some teeth into your negotiations. Explore a nuisance abatement suit. Contact me directly.

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Answered on 5/17/09, 3:53 pm


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