Legal Question in Real Estate Law in California

The manager does nothing about my noisy neighbors.

I moved into my apartment 2 months ago signed to a one year lease. Little did I know that my neighbors are rap musicians that like to serenade me with their music from as early as 9:00am until 11:00 at night and sometimes later. There is hardly any peace and quiet in my apartment and I have complained to the landlord at least 8 times in 2 months! Nothing has been done to amend this problem, even with my and other tenants complaints Shouldn't these people be evicted? Or should I be able to get out of my lease because of the disturbance? I don't want to lose my deposit or have to pay additional rent and I don't want to have to put up with the noise for another 10 months. Legally, what should I do?


Asked on 11/29/99, 8:18 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: The manager does nothing about my noisy neighbors.

Have you tried calling the police to complain about the noise from these rappers. Most cities have ordninances against disturbing the peace. Get all of your unhappy neighbors to complain to the police about the noise.

If that does not work you could move out and defend against the lawsuit from the landlord on the ground of constructive eviction, that is the conduct of the landlord in not taking action to quiet the rappers resulted in you being unable to enjoy the peace and quiet to which you are entitled. Thereby effectively evicting you. This approach does have some risk in that the judge may not consider this to be a constructive eviction.

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Answered on 12/03/99, 4:28 am


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