Legal Question in Landlord & Tenant Law in California

You have a lawsuit in nuisance against not only the landlord but also the tenants making all of the noise. Implied in every lease agreement is the implied covenant of quiet enjoyment of the property. You may or may not want to sue your landlord, but depending on your income, and since you qualify for section 8 housing, I would assume that you qualify for a fee waiver.

With a fee waiver and a few nights recording the noise that takes place between 11 p.m. and 4 a.m., you could at no charge to you, bring a lawsuit against both your landlord and the other tenants to (a) enjoin them from creating noise during those hours every night (creating a nuisance), and (b) for damages to you for such a breach of your rights to quiet enjoyment of the property. Chances are the other Section 8 tenant(s) has/have no money, but your landlord does.

If you qualify for a fee waiver, then you do not qualify to be represented by counsel whom you have to pay. You can't both have your fees waived to bring the lawsuit and pay an attorney. However, it is highly possible that there is an attorney fee provision in your lease agreement, and an attorney could bring your lawsuit for you and apply to be paid after a judgment is entered by the landlord.

If you need someone to represent you towards this end, please feel free to contact me at 619-991-0548. I would need to see a copy of your lease agreement to determine if there is an attorney fee provision.