Found an issue on this page? Let us know and we will look into it as soon as possible.
What are my rights under the right to quiet enjoyment in the state of california?
Anonymous7 views1 answers
My husband and I have been living in an apartment for 2 months of a 6 month lease and have had excessive noise issues with our upstairs neighbors. The complex has a security patrol that will answer noise disturbance calls which we have made a total of 6 times in two months. Our lease states that noise levels are to be kept to a minimum after 10 p.m. on weekday evenings and 12 p.m. on weekend evenings, both of which our upstairs neighbors have violated. In addition to these 6 times, they are incredibly loud on a daily basis in their everyday living. They stomp and bang excessively in the late hours of the evening and have kept my husband from sleeping an average of 5 nights out of the week because they are up until the wee hours of the morning stomping and banging around.
You probably don't have any recourse against the upstairs neighbor since you admit the "noise" is coming from every day living, as opposed to a loud stereo. Unfortunately many buildings have insufficient sound barriers between floors and the simple closing of a cabinet can sound normal in the unit above you, and tremendously louder in a unit beneath it. This has become a much greater problem in newer buildings (built after 1990) and buildings that have wood and tiled floors, as opposed to carpet.
I would strongly suggest you perform a test with the neighbors above you. If my instinct is correct, you may have a claim against your landlord, but you will need the upstairs tenants on your side.
Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.
