Legal Question in Landlord & Tenant Law in California

Noisy neighbor

I am having problems with my next door neighbor. My neighbor always plays his stereo at a very high volume. We have attempted mediation via Apartment Mgr. but it has not helped.

I would like to know what I can do to remedy this situation. My Apt. Mgr feels that there is nothing he can do. The lease does have that ''Quiet Enjoyment'' clause and specifically states that tenants are not to annoy or harrass other tenants.

Thank you.


Asked on 4/14/03, 6:18 pm

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

Re: Noisy neighbor

from the facts given so far, you have a very strong cause of action for "nuisance" since your quiet use and enjoyment of premises is being violated by your neighbor. you would have rights in respect to having the nuisance removed or recovering monetary damages. if you can email our law firm more specific details of your case, we would be more than happy to further assist you legally or represent you in this matter asap.

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Answered on 4/14/03, 7:25 pm
Jason Hsu Una Law Corporation

Re: Noisy neighbor

If your efforts at mediation have failed, your right to find new housing may be available despite your lease term if you have been "constructively evicted." You have other remedies available as well, including a possible action for nuisance.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to contact or email us at www.unalaw.com

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Answered on 4/14/03, 10:42 pm


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