Legal Question in Real Estate Law in California
Top Unit Hardwood Floor Noise
We recently moved into a bottom unit condo. The unit above us has hardwood floors. Every step they make can be heard. We are awakened by them during the night before they go to sleep or when they go to the bathroom. Sometimes their grandchildren visits and runs around, causing major noise problems during the day. We can also hear talking and sometimes snoring from above during the night. The CC&R does not prohibit hardwood floors, nor does it have anything about other coverings. The only sentence relating to noise is about not interfering with the use or quiet enjoyment of the occupants. The building is relatively new. Besides moving out, what can we do? Thanks.
1 Answer from Attorneys
Re: Top Unit Hardwood Floor Noise
I don't think this rises to the level of something that's actionable in court. The only law that would likely apply is 'private nuisance' and the elements of a successful action don't seem to be present. Therefore, I think polite negotiation is your best alternative to moving out. Unfortunately nowadays not all residential premises are well and thoughtfully built, and you take your chances when you investigate and then decide to buy or rent.
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