Legal Question in Real Estate Law in California

Complaints of Walking Loud
We�ve been living in our condo since June 2005. We�ve enjoyed our community and have never had a problem with any of our neighbors, nor have they ever complained about us. A few weeks ago, new renters moved in below us and apparently had a false expectation of the noise level in condominiums. After only two weeks of living here, they were already complaining about my family and I supposedly walking hard. Since they�ve moved in they have: (1) Woken my baby and I up at 11:00pm banging at my door because of supposed noise coming from my home. (2) Banged on the ceiling at all hours of the day for whatever noise they�re apparently hearing (which they later admitted to the cops) (3) Called the cops on us for the noises coming from my home at 6:30pm, (4) and now, they�ve been advised by an arrogant cop to record the noise so that they could build a case against us for emotional distress. What are my rights as an OWNER since they�re only renters. HOA rules say that �Obnoxious and repeatedly noisy behavior, or repeated violations of the Rules and Regulations are considered a breach of the lease. � Would this situation be enough to get them to be evicted? I think this is borderline harassment.

Asked on 8/31/06, 12:34 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

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Re: Complaints of Walking Loud

Contact the owner of the rented unit and complain that their tenants are harassing you. Call an association meeting to discuss the matter. (The renters are not allowed at HOA meetings.) Make a record of all the confrontations with the renters and notify the owner that if they don't stop, the owner is liable for their mischief. Good luck.

Answered on 8/31/06, 10:59 am

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