Legal Question in Real Estate Law in California

Re: Can't sleep at night.

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Consider moving.

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Re: Can't sleep at night.

You can file an action for nuisance, perhaps in small claims court. The small claims court usually has an advisor to help you through the process.

The advisor will not give you legal advice. You may want to pay a lawyer for legal advice or do your own research online or at a law library.

Re: Can't sleep at night.

If this were a question on the Bar Exam, getting full credit would probably require the candidate to assert that you, the offended tenant, are an 'intended third-party beneficiary' of the contract (lease) between the landlord and the noisemaker. In theory, then, you could sue in small claims for money damages resulting from the breach. You might have a problem convincing the court you sustained fiancial harm. Loss of sleep is not usually a compensable injury in a contract action.

A second possible legal action is a private nuisance suit. If you prevailed, you would be more likely to be awarded more than token damages. However, my hunch is it would be more difficult to convince a court to find that the facts add up to an actionable nuisance. Small claims courts can't grant injunctions (i.e. can't order the noisemaker to cease) but winning money damages could have the same effect.

If the evidence would support it, you could add a claim for 'intentional infliction of emotional distress,' but you would have to convince the judge that the noisy party intended to cause you the distress, which takes more than mere awareness that you are distressed; it implies a measure of wilfulness.

A final possibility is a suit in superior court for a civil harassment injunction. Since the noise doesn't seem to be created for the purpose of harassing you, the facts may not fit the action, but see Code of Civil Procedure section 527.6 and see for yourself.

Of course, suing a neighbor is ging to irritate the hell out of them, and retailiation is always a possibility. Therefore, direct negotiation and/or using the landlord or manager as a complaint bureau is preferable to suit. Unfortunately, many managers don't have the skill set necessary to mediate tenant disputes.

Re: Can't sleep at night.

You might want to try calling the police and lodging a "disturbing the peace" complaint with them. However, that, like suing your neighbors, is probably going to exacerbate the problem. If your owners/managers are that unsympathetic to your complaints, you may want to consider moving.