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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Upstairs Neighbors Allowed to Retaliate Noise Complaint with More Noise

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

    The upstairs neighbors are so loud I can barely have a peaceful moment. I reported this to the landlord over and over again. Now she even mocks my complaints to the other tenants (they have told me). The upstairs neighbors are worse in retaliation. Banging, stomping, pounding, etc even at the crack of dawn and late at night is a regular occurrence.

    It does not matter if I hit the ceiling with a broom or yell up at them. When I have knocked on their door (with or without the police), they have just ignored me.

    The hardwood floors contribute to the problem obviously although the landlord will of course not admit this since her husband installed the floors.

    Often the landlord does not even respond to my complaints. The noise is often constant and even horrifying as more than once it sounded as if violence occurred. These people stay up for days and that concerns me as well, that they are not people to ignite further. However, my quality of life has so depreciated that despite any possible threat I need advice about how to proceed.

    What actions can I take? Is the landlord liable in any way? What should I do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Upstairs Neighbors Allowed to Retaliate Noise Complaint with More Noise

    We cannot hear the noise to assess whether it is or is not at a level you would expect, living in a rental unit with hardwood floors. You have not indicated that you have been able to substantiate your complaint - that any other tenant in the complex has complained about the tenant, that the police ever found a basis to take action, etc. So we're not in a position to assess the situation. If you're yelling at them and pounding on the ceiling, you're putting yourself in the position of being the creator of a noise issue for them. Perhaps you would like to share more facts.

    The best results in these cases are typically obtained by getting the landlord to permit you to move within the complex, or to move out at the end of your lease term.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,589

    Default Re: Upstairs Neighbors Allowed to Retaliate Noise Complaint with More Noise

    Apartment living can be annoying. If upstairs, you have to be concerned about the people downstairs ... if downstairs, you have to be worried about the people above you. All the more reason to seek a rental of a townhome or a house where you do not have such neighbors.

    Perhaps your landlord will agree to let you out of the lease early in an attempt to assuage your ire and to not have to listen to the complaints anymore.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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