Legal Question in Real Estate Law in California
Is landlord or tenant responsible for loud noise?
A house behind us is occupied by renters. They are having one or
two loud parties a week that extend past 3 a.m. We would like to
send a serious letter to both the landlord and the tenants, but are
not sure who is responsible if the excessive noise continues.
Thank you!
4 Answers from Attorneys
Re: Is landlord or tenant responsible for loud noise?
The tenants are responsible but the Glenwood should be made aware of the problem. The next time this happens called the police and buildup a paper trail. Send a letter certified, return signature requested to all parties and the copies for your own records. You will fill out a green card that will be placed on the envelope to be signed. When you get that back attach to your copies. If the noise continues file suit in Small Claims Court where no attorneys are either required or allowed, unless they are parties. All flew there will be co-operation in the should stop immediately before the cops have to be called or litigation is required.
Re: Is landlord or tenant responsible for loud noise?
Recommendation is that you file a police report and contact the landlord.
Re: Is landlord or tenant responsible for loud noise?
Send it to the tenant with a carbon copy to the landlord. The tenant's wild parties may be a breach of the lease and cause the landlord to put pressure on the tenant.
Re: Is landlord or tenant responsible for loud noise?
Both parties are "responsible" for the excessive noise. The landlord is responsible after you notify them of the problem, and the renters are obviously responsible.
The obvious first step in resolving this situation is for you to simply go to your neighbor and ask them to please curtail their activities, or at lease curtail them after 10:00 p.m. (local authorities frequently use this deadline in determining what time excessive noise should cease). If that doesn't work, a letter to the landlord advising them of the situation and asking for their help in resloving the matter. Next, a call to the local police department may be necessary. Obviously if your neighbor discovers who is making the complaint, they may be less willing to cooperate in the future.
If you are unable to resolve this problem using the above steps, you may want to consider speaking with an attorney in your area. At some point you may very well have a cause of action against not only the renters, but the landlord for nuisance, and possibly other causes of action.