Legal Question in Landlord & Tenant Law in California

I have lived in my apartment 13 years. The tenant above me moved in about a year ago and was allowed to bring in gym equipment. When he uses one of the pieces of equipment, as it rolls back and forth over the floor, it makes a sound like a vacuum cleaner, only about five times louder and shuts off the digital signals on my television for as long as he uses the equipment: the range has been five minutes to forty-five minutes. I have complained to the manager and gave her a copy of California Civil Code 3479 which defines Nuisance. The manager spoke to the tenant; he stops using the equipment for a few weeks then begins again. On one occasion, the manager asked me not to call the police, then implied that the nuisance law only applied if the nuisance occurred after a certain time of day and exceeded certain time limits. I have not yet filed a police complaint, and I am curious if what the manager said is true can I sue the landlord or can I sue the tenant? It is difficult for me to believe I should vacate.


Asked on 11/27/09, 9:49 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It's also a violation of the implied covenant of quiet enjoyment in your rental agreement. You might go the city's rent stabilization board and seek a decrease in rent because of a decline in habitable conditions. You might have a case -- especially since it blocks your digital TV. You might investigate devices that could be attached to your neighbor's equipment known as RF (radio frequency) blockers, and suggest to the landlord that that might be one reasonable solution -- that is, if you could put up with the noise during the day.

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Answered on 12/03/09, 2:14 am


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