Legal Question in Landlord & Tenant Law in California
Uninhabitable conditions?
I am nearly nine months into a 12 month lease, and three months ago new tenants moved in above me. During this period, they have consistently violated the noise policy (quiet after 10pm) at the rate of two to three nights a week. I spoke to them in person about it twice, to no avail. I then repeatedly reported incidents to the manager of the complex, also to no avail. Eventually the manager said I should call the police.
I have, since 2/22/08, reported them a total of 8 times for noise violations, and this is only reporting them when the noise is so bad that I cannot get to sleep after taking a sleeping pill. I can often hear their TV and music word-for-word, and they have taken to sitting on their balcony and yelling until after 1am. No matter what I do, they do not stop and my landlord does not resolve the issue.
Thus I put in a 30-day notice that I was breaking my lease because of the problem. The landlord is rejecting my notice, stating that he has had no complaint about said tenants. I proceeded to give him all of the police event numbers, and they said ''We'll get back to you.''
What are my options here? I am prevented from sleeping and it is hurting my health and job performance!
2 Answers from Attorneys
Re: Uninhabitable conditions?
I agree with Mr. Cohen, and have several cases just like this one.
Unfortunately, the only one to resolve it is to move, and then file suit for return of deposit. The landlord will file (probably), since landlords don't seem to recognize the implied covenant here.
It probably is best if you retain a lawyer to write the landlord a strong letter, before you move.
Please feel free to e-mail my office, if you need more help.
Re: Uninhabitable conditions?
Your rental agreement has an implied covenant of quiet enjoyment. Since the manager -- the landlord's agent -- did not do anything about, the landlord probably breached the lease and therefore you probably should be entitled to leave early.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
