Legal Question in Landlord & Tenant Law in California

Unhelpful Landlord!

The lease does not specify a time frame of when loud music can be played and the landlord tells me there is nothing she can do to stop the loud music if it's not between 10p-8a. Also, I have noisy upstairs neighbors and my landlord makes excuses for the neighbor's conduct, does not hold her responsible for the noise, and tells me there is nothing she can do because the neighbor has children which ''are hard to control''. Is the landlord in the right in either case? If not, is there a way for me to get out of my lease early? Or what can I do legally about these situations?


Asked on 12/12/07, 10:59 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Unhelpful Landlord!

Most cities, towns, counties, etc. have noise ordinances. Your zip code indicates you are from Indio, and Indio does have one. Call your local police department, explain your problem, and they will most likely tell you if they can do anything.

The landlord may, or may not, be right. It would be a lot easier if you could find a few more tenants who agreed with you.

Write landlord a certified letter, return receipt requested, and give 7 days from the date of the letter to stop the noise. Also tell him/her that you will consider the lease broken and be filing a lawsuit for rent abatement (portion of rent refunded to you) if the problems are not corrected.

If no corrections, start packing.

If you need more help, please feel free to e-mail me, or call my office.

Good luck!

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Answered on 12/13/07, 9:50 am


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