Legal Question in Landlord & Tenant Law in California

I have lived in my current apartment complex for 3 years. I am in a current lease which is not up until June. I am being greatly disturbed by my neighbors underneath me.....loud music, domestic disputes (in which the police has been called out a couple of times), and a barking dog. I, as well as other neighbors, have complained to the manager. He just responds with "I will talk to them." The situation is continuing and I am very unhappy living here and do not feel safe. I looked at my lease document and it says if a lease is broken, 1200 dollars must be paid. I want to move now, however I feel like I should not have to pay to get out of this situation. Any advice on what I should do or how I should approach the situation? Please help. Thank you.


Asked on 10/22/09, 2:43 am

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

Implied in every lease is a covenant of quiet enjoyment. It sounds like it's neither quiet nor enjoyable. You run the risk of the landlord coming after you for the $1,200. However, you might have a defense if he attempts to collect, and a counter-claim for breach of the implied covenant and against the neighbors for nuisance. Before you leave, if you choose to do so, you might amass evidence of the reasons you're leaving, including sound recordings of the noise, and having outsiders as witnesses to the noise (don't count on neighbors to go to court with you. If they still live there, they probably wouldn't want to alienate the landlord or the noisy neighbors). Good luck.

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Answered on 10/22/09, 3:07 am


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