Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 04-09-2014, 10:40 AM
 
1 posts, read 3,997 times
Reputation: 10

Advertisements

I need help determining what legal action I can do in my situation. I live In a 12 unit, two story apartment complex that is owned privately. I'm also on a 1 year lease. When I moved in everything was nice. Part of the charm was how considerate and quiet the neighbors are, except one guy. He moved in a month after me and right above me. He seemed nice when I met him but on the first night of him moving in he started blasting his music @ 10:30pm on a Sunday and I work during the week. I went up to talk to him and told him during the day you're fine but after 9:30pm you're not. He was sorry and then I went downstairs to my unit and he didn't change the volume at all. So then I hit the ceiling with a broomstick a couple of times and he turned it down. You would think he would get the picture. Next month it got worse. He would repeatedly play loud music all day and night. Also, he would have parties from 12-7am during the week. I complained to the manager and he said he would talk to him. Nothing improved and it got worse because we switched managers. Now we have this nice couple but they don't like confrontation. So after another month I was finally fed up. I told the new managers I wanted to break my lease so I can move because of the guy upstairs. The manager said that the neighbor had other complaints and they were going to give him a warning. Apparently, a girl who moved in next to him moved out in the same month because of the noise. So it's not just me. After the warning things improved for two months but then got really bad. When he has his parties he is not only musically loud but he yells when he's drunk. So I called the cops. They came and he got a ticket but then he started going up to the neighbors and angrily confronting them if they called the cops. Except he didn't go up to me and I would think that would be the obvious. So my neighbors are now scared of him and I think the manager is scared of him. I still decided to moved out soon and I'm trying to find a replacement tenant so I can move. Last night was another party and I'm sorry but, I have to sleep so I called the cops again. I even went out to greet the cop. So they stopped but, an hour after the cop came I heard yelling from him outside to the neighbors if they called the cops. Clearly this guy is crazy and dumb, the worst kind. I'm afraid he's going to confront me and I'll tell him off but, if he starts to threaten me that could be dangerous. I'm an single woman and I know street smarts but, a large man like that is scary to anyone. I know I can call the cops again but really I just want to leave without being financially obligated. Is there anything I can legally do? I have read about Constructive Eviction in where I declare the apartment unlivable and move out. I'm thing about biting the bullet and finding an good apartment and move out letting the owner take me to court. I can clear delinquencies while living in the new apartment long term. Any suggestions?
Reply With Quote Quick reply to this message

 
Old 04-09-2014, 12:00 PM
 
Location: SW MO
23,593 posts, read 37,484,310 times
Reputation: 29337
This may give you some ideas: California Tenant Law - Free legal advice for California renters' rights
Reply With Quote Quick reply to this message
 
Old 04-09-2014, 12:02 PM
 
35,094 posts, read 51,251,824 times
Reputation: 62669
This story is almost word for word as another thread started a week or so ago.

Read the link posted by Curmudgeon then decide what you can do or consult an attorney who is knowledgeable about the lanlord/renter laws in your area.
Reply With Quote Quick reply to this message
 
Old 04-09-2014, 06:55 PM
 
Location: Paranoid State
13,044 posts, read 13,869,992 times
Reputation: 15839
You sound like a very reasonable person. You point out that you're a woman and the neighbor is a large man. There comes a point when for your own physical safety you should move regardless of the lease.
Reply With Quote Quick reply to this message
 
Old 04-10-2014, 10:35 PM
 
10,553 posts, read 9,651,677 times
Reputation: 4784
How loud is the music and partying? If you had a fan going that provided white noise, and wore ear-plugs could the noise be masked?

It seems to me that after repeated noise complaints the landlords would evict him, or that he could be fined by the city or something like that.
Reply With Quote Quick reply to this message
 
Old 04-10-2014, 10:53 PM
 
Location: San Francisco Bay Area
7,709 posts, read 5,458,616 times
Reputation: 16244
Quote:
Originally Posted by ellemint View Post
How loud is the music and partying? If you had a fan going that provided white noise, and wore ear-plugs could the noise be masked?
The noisemaker needs to stop making the noise, period. No one should be made to suffer excessive noise or to have to create "white noise" (which would not be effective, anyway) or wear earplugs just to accommodate a bully.
Reply With Quote Quick reply to this message
 
Old 04-12-2014, 01:28 PM
 
Location: Silicon Valley
18,813 posts, read 32,512,273 times
Reputation: 38576
In CA you can break your lease. Then, you can only be charged rent until the LL finds a new renter, and he has to make a reasonable effort to rent the place. My understanding is that the court in CA assumes 30 days should be plenty.

So, give your notice. Include in the notice the list of days and times that you complained and called the police. Then say that since the LL didn't take care of the problem, you don't expect him to charge you any further rent beyond your 30 day notice. In return, you won't sue him for loss of quiet enjoyment.

BTW, Constructive eviction would be the LL not taking care of the problem, basically causing you to move out. That's what a constructive eviction is. You declaring the place unlivable is when a place is uninhabitable - I think that's what you're referring to. They're different. What you could do is sue for the landlord's breach of the Covenant of Quiet Enjoyment. Here's a link about it from a CA law website:

Quiet Enjoyment | Tenant Hub

Here's a link re: breaking your lease in CA:

http://www.nolo.com/legal-encycloped...hapter9-5.html

This is what I propose you write - something like this:

Dear LL:

This is my written notice that I will be vacating my apartment at ________________________________(address) in 30 days, which will be by midnight _________________(count 30 calendar days).

I am vacating the unit prior to the end of my lease because you have breached the Covenant of Quiet Enjoyment, which is written in my lease (see if it is, if not don't say that part), as well as implied by law in California. You have done this by neglecting to deal with the tenant in unit ______________, who has been severely disturbing me and other tenants with loud noise, yelling, and frightening verbal confrontations. I, as well as other tenants, are now living in fear of this tenant.

I have complained to you on these dates:____________________________. I have phoned the police on these dates____________________________. And still, you have not addressed the issue.

I am willing to absorb the cost of moving, and in return I expect you will not attempt to charge me rent beyond my move-out date, and consider my lease terminated by agreement with no penalty. I will leave the unit clean and undamaged, and also expect to receive my full security deposit.

I also expect you will give me a good reference regarding my payment history.

If these terms are not acceptable to you, and you attempt to collect rent beyond my move-out date, and/or keep any of my deposit beyond what is allowed by law regarding damage, or affect my ability to find new housing, I intend to seek remedy to the full extent allowed by law.

I will notify you of my new address prior to my move-out date.

Sincerely,

You

Send it with proof of delivery. You can email it, and send it priority mail with delivery confirmation.

Then, deal with him after you move, if he tries to come after you for more rent or keeps your deposit, etc.

Good luck. What a pain.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6. The time now is 03:01 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top