Legal Question in Landlord & Tenant Law in California

Small Claims judgement enforcement

I have been struggling, intermittantly but consistently, for over four years with upstairs tenants who repeatedly violate noise ordinances and my peaceful enjoyment of my home. Not only have the apartment owner/managers failed to decisively enforce their own rental agreement stating that this is not allowed, the musicians upstairs feel protected by the fact that the managers actually told them upon moving in that it was not a problem, and in spite of my pointing out to them that they have no legal authority to offer such a sanction if doing so violates my rights, which it clearly does. I would like to take the owners, managers and the upstairs tenants to court, but I haven't the financial resources to do so. As such, I am very seriously considering taking the owner to small claims for their continued failure to enforce. Even if I win a favorable judgement, my concern is that enforcement may be nearly impossible. As such, I am wondering whether I would be within my rights to refuse to pay my rent for a duration equal to whatever the judgement against the owner might be if he fails/refuses to honor any judgement I might win? Thank you.


Asked on 5/24/03, 10:51 pm

2 Answers from Attorneys
Martin Snitow

Re: Small Claims judgement enforcement

There is a difference between what is possible and what is wise. If you get a judgment you could send the sheriff to levy execution on the landlord's bank account. You know where that is because your rent check is deposited there.

However, this will destroy your relationship with the landlord, whether you win your case for nuisance or not. You should consider a rental mediation program. They are often no cost or low cost and are available through many municipalities or organizations like Project Sentinel. A mediator will hear all sides of the dispute and try to get everyone to agree on a way to deal with the problems. This is a good way to get what you want (or some of it) without making enemies.

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Answered on 5/25/03, 10:40 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Small Claims judgement enforcement

I recommend that you sue your neighbors and your landlord in small claims court, each for $5,000 for violating your right to quiet enjoyment of your property. You cannot sue in small claims to stop them from making noise.

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Answered on 5/26/03, 2:27 pm


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