Legal Question in Real Estate Law in California

Noisy Apartment

We have recently had a tenant move in upstairs that is keeping us awake every night. The apartment we just moved into seems to be made of cardboard, every step our neighbor makes sounds like the ceiling is going to cave in. We can honestly hear him turn on and off the lightswitches in his room. He is a bartender and keeps VERY late hours. I am in the medical field and I need my sleep at night. There are times when we actually jump up in bed by being startled by the loud noises. We also seem to have homeless vagrants that like to buy and sell drugs and yell at each other on our street in the middle of morning. (usually 3:00am - 4:00am) We are on a small side street that seems to work out just fine for them at this time. My husband and I are about to go crazy, have not had a full nights sleep in weeks. We are almost at the point of being zombies. We have a 1 year lease. What can we do to legally get out of this without losing our deposit?


Asked on 5/13/02, 1:37 pm

1 Answer from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Noisy Apartment

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The implied warranty of quiet use and enjoyment may enable you to break your lease without loosing your deposit.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/14/02, 6:51 pm


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