
Quoting
somekindofaction
Well I'm sure the lease references something about not disturbing neighbors. But it gets tricky because our approved use is something that happens to disturb our neighbors. Our neighbors want office quiet levels of noise during the day which simply isn't possible for what we do. It's why we specifically sought out an industrial complex. And our neighbors being a commercial entity in the same industrial complex is what makes it tricky.
Our "landlord" died last year. The property is under his trust and his trust has hired a property managing company. The same company that happens to have been the one to suggest and approve us for this location. The agents who recommended and brokered this deal with us just throw their hands up while the property management company keeps telling us to lower the noise to accommodate the neighbors or the matter will be referred to the police. I don't know what else we could have done from the outset besides say what our use was going to be. It appears we were told our use was OK and got a deal in place and then got bait and switched to find out that our use actually WASN'T OK but too bad, guys, you signed a lease.
There's got to be something wrong with that. But then again it's commercial so I wouldn't be surprised if that's OK in California. The Property Management company acting as the landlord is obviously going to prefer we make no noise because it's easier and they still get their money.
This is going to sound super suspect but that's actually what we have done for the last year. We have been pushing things back until after 5PM just to try to keep the peace and in actuality it was the worst thing we could have done.
Now, if the neighbors hear any kind of noise before 5PM they bang on the walls or walk over and start questioning patrons/customers. In the entire year we have only lost two customers because of this but the real downside is straight being unable to do much until 5PM. Our rent rate certainly considers us able to do business at all times.
I'm not trying to trick anyone or pull some swerve. I am just wondering if there is some general law that prevents a landlord from, say, renting a unit to someone to open a bar and then, once the deal is signed and the zoning clearance obtained from the city, turning around and saying "you can't have a bar here. There's a daycare next door. Sorry. But pay me still."