Legal Question in Landlord & Tenant Law in California

Re: Loud Inconsiderate neighbor

You have a good case, and lots of potential for either getting out of the lease, or suing the landlord. And yes, you not only shouldn't have to pay, but you can probably get a refund.

I am extremely busy this morning, and I will get back to you ASAP. If you cannot wait until this afternoon, you now have my e-mail and phone number. I'll be glad to advise you.

Re: Loud Inconsiderate neighbor

There is a general law concerning noise in California, and almost every city, town, and county have so-called noise ordinances. Usually violations get a warning, then a disturbing the peace citation. Unfortunately, sometimes you have to yell and scream to get things accomplished. The police were either wrong, or lied to you. If they were short handed, they should have followed up with an officer when available. You are entitled to break the lease, becuase you are entitled to quiet enjoyment of your apartment, and the landlord knows, or should know about your neighbor's parties. The quickest way to resolve this is to ask the landlord for your money back, and be released fro the lease. Frequently a strong letter from a lawyer to landlord works wonders. They don't like getting sued. Also, you should get the reasonable costs for moving to a new place in addition to a total refund. These funds would be called damages. Talk to the landlord, and see what happens. Let me know, by e-mail or phone, and I'll advise you what next after we have his response. By the way, the landlord has absolute right, as well as duty, to evict the "noisy" neighbor. Good luck!