Violation of Quiet Enjoyment

[GadjitDJ]

My question involves landlord-tenant law in the State of: California

I have an upstairs neighbor who continuously violates quiet enjoyment within the apartment complex. I have discussed this in detail with the apartment manager who has spoken with him several times and also assisted in contacting the police department regarding noise disturbances.

At this point, the violating neighbor is now aware he is on the brink of eviction and came down one night to discuss this matter face to face with me (I am the one who files complaints against him) and was not a pleasant conversation. I believe this is also a violation of some type of landlord tenant law, but would like to receive confirmation/further law to validate the issue.

Moreover, this tenant has also "solicited" my surronding neighbors around my apartment. I am not sure of the details but it does involve discussions of his noise issues and pitting neighbors against me.

I would like to break my lease and just move out as I feel uncomfertable in my own apartment because of the issues that are evolving with this person.

Is there any recommendations at this point or legal law that I may reference when writing a formal letter to my apartment manager?

I am an aspiring law student, that has hit dead ends to assist in my issue. Any help from the veteran attorney's is much appreciated!!

[Mr. Knowitall]

From what you have told us your landlord has accepted and acted on your complaints, to the point that he's on the verge of evicting your noisy neighbors. I'm not sure what more you expect him to do.

If your noisy neighbor is mean to you, or tries to turn other tenants against you, that's interpersonal stuff between you and the other tenants - not something that the landlord has a duty to mediate.

[carred]

My question involves landlord-tenant law in the State of: California

I have an upstairs neighbor who continuously violates quiet enjoyment within the apartment complex. I have discussed this in detail with the apartment manager who has spoken with him several times and also assisted in contacting the police department regarding noise disturbances.

At this point, the violating neighbor is now aware he is on the brink of eviction and came down one night to discuss this matter face to face with me (I am the one who files complaints against him) and was not a pleasant conversation. I believe this is also a violation of some type of landlord tenant law, but would like to receive confirmation/further law to validate the issue.

Moreover, this tenant has also "solicited" my surronding neighbors around my apartment. I am not sure of the details but it does involve discussions of his noise issues and pitting neighbors against me.

I would like to break my lease and just move out as I feel uncomfertable in my own apartment because of the issues that are evolving with this person.

Is there any recommendations at this point or legal law that I may reference when writing a formal letter to my apartment manager?

I am an aspiring law student, that has hit dead ends to assist in my issue. Any help from the veteran attorney's is much appreciated!!

I'm not an attorney altho have a legal background and pretty much have run the gamut with tenant/LL.

What kind of noise are you referring to? Playing music too loud? Big parties? Or is this building noises, ie, not enough padding between subfloor and unit below?

Unfortunately, an unpleasant convo with a tenant is not a violation of law. If it was, the whole country would prolly be in jail as it would be so overreaching. I can empathise with your fustration but unfortunately you can't do anything about that. If you like and know your neighbors, I would imagine they wouldn't want to get involved and take sides.

You 'can' break your lease under CA law due to unreasonable noise. It is a 'legal reason' under Civil Code 1942. However, since you have complained to manager and manager seems sympathetic to you, why don't you just tell manager that since the noise is going to continue and you find it intolerable, you want to leave. The manager may agree it would be best and then you don't need to go thru any hassles. Just confirm your telcon or convo in writing once you have given notice.

If possible, and it usually is not, it is typically best to leave on a good note. Maybe if manager likes you and would like to keep you as tenant, the noisy neighbor may be given notice instead, saving you the trouble of moving, unless you want out and just need the 'legal reason' to break the lease. You have it.

[Mr. Knowitall]

Section 1942 addresses untenantable premises.

(a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.

(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

(c) The tenant's remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.

(d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.

Noise is not among the statutory list of factors that can render premises untenantable. See Civil Code Sec. 1941.1. Noise also doesn't fall under the term "dilapidations". I'm not arguing that noise cannot render premises uninhabitable, so as to violate the warranty of habitability, but let's not overstate what type of noise will violate that warranty or what remedies might follow. It would be a rare case in which a neighbor's noise level was sufficiently extreme or pervasive that it would enable a neighbor to walk away from a lease. A typical case involves pervasive noise from construction elsewhere on the premises.