Legal Question in Landlord & Tenant Law in California

renting

can you be evicted for living in an apt upstaries with kids that play and the lady donwstairs doesnt like kids all kids are a sleep by 8:00 after that there is no noise.


Asked on 2/07/07, 12:03 pm

1 Answer from Attorneys

Steven Lynes Lynes & Associates

Re: renting

Unless your lease prohibits children from living in the complex, you should not be evicted from the premise. To be evicted for excessive noise, the landlord must provide you with a 3-day notice with details of the alleged problems. If you decide to fight it, the landlord will have to file an Unlawful Detainer action, at which time a judge will hear the evidence and testimony regarding whether your use of the upstairs apt. creates a nuisance to the neighbors.

For further assistance on this matter, please feel free to contact our office to arrange for a consultation.

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Answered on 2/08/07, 4:58 pm


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