Legal Question in Real Estate Law in California
In December. I submitted a complaint to the management office regarding my neighbors allowing there kid to disturb my apartment unit with loudness of screaming, whooping, the child saying goal as though there at a soccer game and singing the ole song . When I spoke with director of residents services, I asked if they could send them a letter to make them aware of the disturbance he told me that if they address this unit in regards to the kids making noise that it's consider discrimination. At first, I thought that maybe they spoke with them because the noise toned down but here lately the kid is resorting to the same behavior which indicates that they did not address this. I don't have money to move right now but what can I do legally? I feel like my rights are being shunned by management. Is it discriminatory to address this unit in regards to the noise?
1 Answer from Attorneys
No. They cannot discriminate against people with children, but that does not mean they cannot place reasonable requirements regarding noise on all residents regardless of age. In addition, whether it says so in your lease or not, every lease has what the law calls an "implied covenant of quiet enjoyment." That is not a requirement that the landlord provide total peace and quiet, but it does mean that the landlord must not allow a legal nuisance to deprive you of objectively reasonable use of your unit. There is no way for me to tell if you are being over sensitive to the child's noise or if it really is so bad that it reaches the level of a legal nuisance, but the landlord does have an obligation to make that determination and take steps to restore reasonable quiet if in fact there is a noise nuisance coming from your neighbor, whether it is a kid, a stereo, or any other noise source.
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