Rental Apartment Noise Nuisance Laws in California
Even the nicest apartment won't make up for the fact that a tenant can't sleep because of noise. While it is always a good idea for landlords and tenants to try and work through problems informally, both sides have legal remedies in case noise becomes a problem. Landlord-tenant law in California allows landlords to take steps to evict noisy tenants, while also permitting tenants to terminate a lease if a landlord refuses to protect their right to a quiet environment.
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California Noise Ordinances
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The California Noise Control Act recognizes the rights of citizens to peace and quiet, and encourages communities in California to enact their own noise control ordinances. Many communities do have these laws, and tenants and landlords can report neighbors who violate noise laws to the police.
Grounds for Eviction
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If a tenant is regularly making so much noise so as to disturb other tenants, this can be grounds for eviction in California, even in those cities that have rent control. The landlord would need to follow standard eviction procedures (if a tenant has a lease, the landlord would need to notify the tenant in writing that his offending conduct needs to stop prior to actually filing for eviction) and would need to show evidence in court that the tenant has been bothering others with his noise.
Grounds for Lease Termination
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A tenant has the right to enjoy peace and quiet in her home. If a tenant is constantly being disturbed by other tenants, and the landlord does not take action, a tenant has grounds for terminating her lease and moving out. The tenant must follow the procedure in California Civil Code 1492, which requires the tenant to notify the landlord of problems (lawyers recommend sending a letter). If the problem is not corrected within a reasonable period of time, the tenant may choose to move elsewhere.
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References
- Photo Credit pretty loud! image by Paul Moore from Fotolia.com
Comments
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both tenants on either side noisy as hell. already complained to landlord. she failed to keep confidentiality on this matter, now my situation sucks more. noise hasn't stopped. I have a baby, no money to go to court. what do I do.
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is her place an animal shelter?
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My landlord has 9 noisy dogs..is she allowed to have this much?
