Legal Question in Landlord & Tenant Law in California

Noise Nuisiance

The new renters below us run the ceiling vent fans constantly. This makes our whole apartment humm and vibrate. We told them about this and they said that it helps their little girl go to sleep, but they would turn them off by 8:30 pm. Unfortunately they did not keep this agreement. I spoke with the apartment management who also spoke with the tennants below and we agreed that they would turn all the fans off by 9:00 pm. Well it's now getting worse, they turn on all 3 vent fans and don't turn them off at the agreed upon time. My husband and I are tied of this and want to know what can we do now?

Regards,


Asked on 1/21/08, 12:17 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Noise Nuisiance

Welcome to apartment living, where your comfort is at the mercy of your neighbors and landlord.

This wouldn't enable you to break the lease, so I would write certified letter to landlord, return receipt requested, and specify that you are entitled to the quiet enjoyment of your premises. This goes back hundreds of years to old English Law.

If this doesn't produce results, you will have to bring an action in Small Claims Court against the landlord.

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Answered on 1/24/08, 11:06 am


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