Legal Question in Real Estate Law in California
acceptable level of noise
We recently bought a condo. It is a downstairs unit, the upstairs unit is rented out to a family with children(age 6 and3). There is a problem which was not disclosed that the children often run (for hours) and jump in the upstairs unit. Are there any laws or standards of reasonable noise level. The upstairs tenants and their landlord feel it is the children's rights to create as much noise as they want. Is the later statement true, and is there any action I can take to ask them to not make so much noise? Since the matter was not disclosed, do I have any recouse with the seller, real estate agent? what recouse if any do I have? thank you
1 Answer from Attorneys
Re: acceptable level of noise
You might have recourse against the sellers or either
real estate agent involved in your transaction if
they knew of the noisy children and didn't tell you.
However, it will be argued that you knew or should have
known the risks of buying a downstairs unit. Also,
the degree to which the noise is disruptive will be an issue.
In other words, you have a colorable legal claim,
but without any certain result. You should consult with
an attorney who can interview you about the details
of your situation and give you a better idea of the
strengths of your case and the potential costs and
risks of pursuing it.
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