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Old 01-25-2011, 05:51 AM
 
Location: Sherman Oaks, CA
5,047 posts, read 9,792,955 times
Reputation: 5657
My best advice: Sleep in your living room, as far away from the noise as possible. Seriously. I'm so sorry you're in this situation; inconsiderate neighbors are the worst. Buy a noisy fan, invest in ear plugs... And when the video game goes quiet, blast music along that wall (assuming it's not 3:00 a.m., of course).

You have my sympathy. I lived in a similar situation for many years because my unit was under rent control and I couldn't afford to move. It was a living Hell until I finally got out.
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Old 01-25-2011, 09:39 AM
 
403 posts, read 636,335 times
Reputation: 256
Don't know what to tell you except that do whatever you can to get out of there. I had a neighbor living below me who played a sax for about 8 hours a day. I was to the point of being homicidal. I finally did confront him and now he plays in a different room where I can barely hear it. Point of the story being that, if he hadn't switched rooms, I would have had to move. NO WAY could I have put up with that much noise. It was seriously affecting my quality of life.

Fight for your rights, is all that I can say. As a renter, you have the right to peaceful enjoyment of your living space.
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Old 01-25-2011, 09:50 AM
 
Location: Guangzhou, China
8,069 posts, read 5,959,558 times
Reputation: 8279
Quote:
Originally Posted by wrcousert View Post
If it were me, I'd find some really annoying music and play it at an equally annoying sound level. When they complain, tell them you'll turn your music off when they lower their volume.

Give this a try - Hamster Dance


EDIT

Is there any chance your building manager could let you switch units? They might have one on the other side of the complex.
Screw that.

I had neighbors who did this, and after I asked politely and they blew me off, I would just knock on their door/windows every time they pissed me off, even if it meant ten times a night.

I'd be especially sure to do it when they were in coitus.

"GOD, leave us ALONE!" the guy yelled at me one night.
"You leave ME alone," I said sternly, "quit playing your music so loud I can hear it my home, and I'll quit bothering you every time you crank it."

Stopped after a few days.
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Old 01-25-2011, 10:43 AM
 
Location: Bella Vista, Ark
48,300 posts, read 38,894,939 times
Reputation: 20218
Quote:
Originally Posted by lalife View Post
Don't know what to tell you except that do whatever you can to get out of there. I had a neighbor living below me who played a sax for about 8 hours a day. I was to the point of being homicidal. I finally did confront him and now he plays in a different room where I can barely hear it. Point of the story being that, if he hadn't switched rooms, I would have had to move. NO WAY could I have put up with that much noise. It was seriously affecting my quality of life.

Fight for your rights, is all that I can say. As a renter, you have the right to peaceful enjoyment of your living space.
unfortuately, you are only partially right. Just because there is noisy and a neighbor has a barking dog, will not allow the OP to break his lease. Who is to say what is a peaceful life? I think we all need to listen to what Twinkle Toes is saying, she is a lawyer, I am not sure any of us are.

NIta
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Old 01-25-2011, 10:46 AM
 
Location: Bella Vista, Ark
48,300 posts, read 38,894,939 times
Reputation: 20218
Quote:
Originally Posted by 20yrsinBranson View Post
Document, document, document. Every time you make a call to the Landlord, write it down. Send him/her a certified letter, return receipt requested outlining the problems and asking him to remedy the situation. If he says that he has spoken to your neighbors, ask him for dates and times that this was done so that you can "DOCUMENT IT FOR YOUR COURT CASE".

I am not certain about the exact laws in California, however, I do know that it is pretty universal that everyone is entitled to the "quite enjoyment" of their home. If your landlord cannot provide you with that, then HE has broken the lease agreement.

If this persists, then you will have to take him to court and ask the judge to rule on whether or not your lease has been broken due to lack of "quite enjoyment" of your home. By that time you should have a very large file built up showing every single time you complained to the landlord, his/her response and what he/she did to try to alleviate the situation, etc. But you must have everything in writing with dates and times and as much detail as possible to prove your case.

If the judge rules in your favor then the lease will be broken and you will be free to find another place (or go back to your old place) without any financial penalty to you. Please look over this page....Smoking and Your Rental Lease Agreement Landlord Advice (deals with other quiet enjoyment subjects besides just smoking).

best of luck

20yrsinBranson
what you are forgetting, this is not the landlords problem unless the renter is causing noise all through the night. This is between the renters to work out the kinks. I don't think anyone can expect the landlord to intervene.

Nita
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Old 01-25-2011, 11:22 PM
 
240 posts, read 296,917 times
Reputation: 157
Quote:
Originally Posted by actfray View Post
I recently moved into a 1-bedroom apartment in Lake Balboa (Van Nuys area). I really like the unit, but it's the neighbors that are making my life miserable. The people in the unit next door have a video game system that is so loud, the bass of the explosions rattle my walls. It's like living in a war zone. To make matters worse, their living room is on the other side of my bedroom. I've asked them several times to please lower the volume, by they give me the excuse "the walls are just very thin". Well, that's even MORE of a reason to turn it down! I've complained to the building manager, and she said she has spoken to them about it. Apparently, that's done no good.

There is also a neighborhood adjacent to my building that has dogs that bark constantly. I contacted animal control about this issue, and they said that a notice was given to the offending dog owner. Despite that, the barking continues morning, noon, and night.

The bottom line is, I'm miserable in my new place and would love to move out (back to my old apartment which was a renter's dream - quiet with much thicker walls). The problem, of course, is that I signed a one-year lease, and I'm barely into my second month. If I break the lease, I'm legally responsible for all the remaining months' rent until it gets rented out again. This would bankrupt me to no end.

So, is there any legal loophole I can go through to break my lease early because of intolerable noise? I just don't think I can last a full year in this place without going crazy.

Thanks for any suggestions.
Don't listen to people who say that you need to keep the lease since it's not the landlord, but tenants who're making noise--landlord is obligated to stop this. If he doesn't, you can leave.

You need to write your landlord a letter, certified mail.
Also, you need to see a doc (free clinic if you don't have insurance) and complain about migraines, depression, insomnia and whatever caused by the noise (I'm sure it's causing it--it'd cause me to get really sick).
Then you break the lease, leave and tell the landlord to suck it up, or deal with the lawsuit (show him medical records).
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Old 01-25-2011, 11:25 PM
 
Location: Coachella Valley, California
15,184 posts, read 24,392,002 times
Reputation: 12265
Quote:
Originally Posted by xani View Post
Don't listen to people who say that you need to keep the lease since it's not the landlord, but tenants who're making noise--landlord is obligated to stop this. If he doesn't, you can leave.

You need to write your landlord a letter, certified mail.
Also, you need to see a doc (free clinic if you don't have insurance) and complain about migraines, depression, insomnia and whatever caused by the noise (I'm sure it's causing it--it'd cause me to get really sick).
Then you break the lease, leave and tell the landlord to suck it up, or deal with the lawsuit (show him medical records).
Yeah ... that'll work.
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Old 01-25-2011, 11:33 PM
 
240 posts, read 296,917 times
Reputation: 157
I broke leases this way more than once and they shut up. One time it was fleas, another time noise, another time something else.

Also look up for all kinds of violations by your landlord: lack of light, potential to trip and fall, illegal building modifications, etc, etc. You can mention them to your landlord when you break your lease. If there's a potential to fall: don't forget to fall.

Last time I moved out early I actually got extra $400 given by my landlord (city code violation), just so that I stay happy.
Indeed, it's a trouble for me (to have to move out and look for a new place) and I believe they got to pay for it.

It amuses me that leases exist at all (considering unpredictable situation with neighbors/noise/nuisance/smoking under your window, etc): they shouldn't, really. They think they got you by the balls by having your SSN and a little piece of paper called "lease"--you go and get them by theirs. When they see ya feeling real rage and ready to start a ****storm--they shut up. They really are afraid of all kinds of problems and let go of the leases fairly easy--even if they sound like they're gonna go after you. Most of it is loud talking--if they see you're gonna fight, they think twice.

Last edited by xani; 01-25-2011 at 11:47 PM..
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Old 01-27-2011, 04:56 PM
 
Location: Los Angeles, CA
77 posts, read 85,570 times
Reputation: 39
Quote:
Originally Posted by actfray View Post
I recently moved into a 1-bedroom apartment in Lake Balboa (Van Nuys area). I really like the unit, but it's the neighbors that are making my life miserable. The people in the unit next door have a video game system that is so loud, the bass of the explosions rattle my walls. It's like living in a war zone. To make matters worse, their living room is on the other side of my bedroom. I've asked them several times to please lower the volume, by they give me the excuse "the walls are just very thin". Well, that's even MORE of a reason to turn it down! I've complained to the building manager, and she said she has spoken to them about it. Apparently, that's done no good.

There is also a neighborhood adjacent to my building that has dogs that bark constantly. I contacted animal control about this issue, and they said that a notice was given to the offending dog owner. Despite that, the barking continues morning, noon, and night.

The bottom line is, I'm miserable in my new place and would love to move out (back to my old apartment which was a renter's dream - quiet with much thicker walls). The problem, of course, is that I signed a one-year lease, and I'm barely into my second month. If I break the lease, I'm legally responsible for all the remaining months' rent until it gets rented out again. This would bankrupt me to no end.

So, is there any legal loophole I can go through to break my lease early because of intolerable noise? I just don't think I can last a full year in this place without going crazy.

Thanks for any suggestions.
I went through a very similar thing once in a multi-unit complex. The culprit was two separate sets of college students on two different sides of my unit with heavy music bass and game consoles hooked up to a loud sound system.

I had to constantly complain to the property management and called the police out every time there was an occurrence after the time of day the city's noise ordinance allowed for.

The property manager was sick of the issues and could only do so much. The police were getting fed up and they stated that they might start charging the management company for the visits. I basically forced the issue to become a complete PITA for the property management company. In the end I was allowed to break the lease with the management company/owner permission.

In regard to the neighbors with loud video game system--try to negotiate with the property owner. Document everything. Repeatedly and formally communicate to the property owner (certified letters) how and why the situation is making your living space uninhabitable and include your documentation. Get and keep the police involved. Sometimes you have to keep the heat turned up as high and as long as you can get it to go in order to get the results you're looking for in these situations.

Being only into your lease for such a short period of time could be advantageous to your situation.

The barking dog issue could be rather difficult to systematically resolve short of the dog's owner actually doing something about it. It might be helpful to not include that issue in your dealings with your property manager/owner.
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Old 02-27-2011, 03:37 PM
 
3 posts, read 29,874 times
Reputation: 10
Thank you all so much for your help and suggestions. Yesterday, I had to call the police (again) because the upstairs tenant was blasting bass-heavy music at 8:30 in the morning. I know that's different than doing it at 4am, but a disturbance is a disturbance. The police basically told me that all they can do in this situation is "advise" the tenant to keep the noise down. Unless they get multiple complaints from other tenants, there's nothing they can do.

I'm going to be moving back to my old QUIET complex. The manager there has agreed to hold it until May 1, so I can give my current manager 60 days to find a new tenant here. My biggest concern is that my credit rating (which is excellant) could be severly damaged because I've broken the lease. I'm also wondering, how will I know if the manager is really showing my unit after I'm gone (assuming she hasn't found a new tenant before I leave), or if she's just letting it sit vacant for several months and attempting to collect rent from me?
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