Legal Question in Landlord & Tenant Law in California
I rent a unit on the top floor in a rental building in the Los Angeles County. The building is privately owned and well managed, and has about hundred some units. However, the management has not restricted the roof access, which has been a great source of frustration for me. The roof is not meant to be used or accessed, unless it is an emergency situation. It is not fenced and the bulding is four floors high. There are several stairs that lead to the roof and they are all unlocked. The problem is that the roof is completely covered with pebble stones and the sound insulation is plain horrible. Every step on the roof can be heard in our apartments floor below, and it is so loud that it is guaranteed to wake you up at night. Some tenants abuse that and freely access it 24/7 to show off a great view, and such. Is there a law that can limit the roof area from being accessed, unless there is a true emergency? Thank you.
1 Answer from Attorneys
It wasn't clear whether you already brought the problem to the attention of the building management, but if you didn't, you may want to start there. You could let them know the frequency of people using the roof, and remind them of the owner's and/or management's liability for someone falling, being drunk, tripping, vandalism, suicide, kids falling, etc., as well as the noise issue you are experiencing. Management could give a reminder notice to all tenants that the roof is not to be used or accessed, and post signs (or better signs if they are already posted).
If management doesn't do anything, or believes they are not allowed to lock the roof access, try contacting the county or city building department or possibly even the fire department to see if they can tell you what the rule is for roof egress. My understanding is that, typically, on an "unoccupied roof," which is what yours sounds like, access CAN be locked from the interior, allowing access to maintenance personnel or others who need access to any equipment on the roof. I am not aware of any law that limits access to roofs, but again, the building department or fire department may know of a rule that prohibits people from being on a roof that has no guardrails, etc.
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