Legal Question in Landlord & Tenant Law in California

Neighbor noise complaints...

My girlfriend and I share a 1-bdrm apt on the 3rd floor. She has been in the same bldg for about 4 years now and has had no complaints. About 11 months ago, a man moved in below, and has since been banging on the walls and ceiling. He has cornered my girlfriend in the hallway, and has screamed and threatened us from his porch. We don't have parties or stay up late. We have made at leat 15-20 complaints to the leasing office as well as filing 2 police reports. Nothing is being done about it. The leasing office just tells us to try to record the banging, but he only bangs 3-4 times, so it is impossible to record. We just want to live in peace. Now, the leasing office is calling us, saying he is complaining about the noise. We don't know what else to do... Please advise...


Asked on 3/31/07, 1:50 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Neighbor noise complaints...

You may be able to sue both the tenant at issue and/or ownership for private nuisance, breach of covenant of quiet enjoyment of the premises, and/or other tortious malfeasance. If the intrusion is intolerable, you should retain legal counsel ASAP to promptly remedy the unfortunate situation.

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Answered on 3/31/07, 2:33 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Neighbor noise complaints...

Before you sue, you might want to make one further effort to notify the owner, directly, of the problem and the management company's failure to do anything about it.

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Answered on 3/31/07, 9:46 am


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