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.
1 Answer from Attorneys
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.
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