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CA landlord tenant law, tenant's rights against uncooperative landlord
Anonymous3 views1 answers
I have been having problems with the tenants that live above me, and the Property Management will not help me. I have been going on with this for over a year and within the past few months it has been constant violation of our quality of living has been infected severely. It is constant purposivle stomping in every room of our studio. I NEED HELP
Vickie Fortune
(415) 240=1570
Every lease contains an implied covenant of quiet enjoyment. In other words, the landlord has contracted to provide you with the exclusive use and possession of the unit you are renting. A landlord's act or omission that substantially interferes with your ability to use your premises is a breach of the covenant of quiet enjoyment. However, minor annoyances do not constitute a breach. Thus, if the noise you're complaining of is the typical walking and occasional loud bumps and thuds that all tenants in the City are subjected to, then it is not a breach. However, if something more substantial is taking place, you may have a claim against the landlord. Just because the landlord says it's not their problem, doesn't mean that's true. Feel free to contact me with further questions.
Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.