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Old 10-11-2011, 10:43 AM
 
77 posts, read 219,976 times
Reputation: 41

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I moved into a new place in July and everyone in the building is very nice and quiet...except the neighbor directly above us. She's lived in the building for 30 years and has some special rent deal because she's been here so long (sorry that sounds lame, but I can't remember what term she used). Nearly everyday she watches television for an average of 18 hours at a volume that is so loud I know exactly what she's watching, who's saying what, and my walls reverberate. I tried putting up with it for a couple months, but I was getting exhausted as she doesn't turn off her tv until midnight and then gets going again between 3 and 4am.

I went up there, introduced myself, and explained that it was pretty noisy and I couldn't sleep, but that I didn't want her to have to stop watching her tv so was there something we could work out? At first she seemed reasonable and said she had wireless headphones, but they didn't work. So, I went to the store, got batteries, and tried to fix them...when that didn't work I paid for a technician to come by and fix them. The first three nights she used them...and for the past 3 weeks she's blasted her tv louder and longer than ever. I've talked to her and it's clear she enjoying bothering me. I called the police and she tried slamming the door in their faces. The police told me that she reaked of alcohol, that she was beligerant, and that we need to call every night she's loud so there's documentation. My question is does anyone on these boards know what legal recourse I have? I'll talk to the property manager, but he's pretty hands-off. Although they would like to get rid of her since she only pays $500 a month...

Thanks for any help!
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Old 10-11-2011, 11:20 AM
 
Location: Columbia, California
6,664 posts, read 30,547,678 times
Reputation: 5178
Chances are that the property manager has dealt with this before and has never been able to fix it. I bet your unit has a high turnover. Probably easier to move than to get this fixed.
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Old 10-11-2011, 11:27 AM
 
77 posts, read 219,976 times
Reputation: 41
I'm guessing you're right, but I'm in a lease so of course I'm looking for any solution...
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Old 10-11-2011, 11:36 AM
 
484 posts, read 820,068 times
Reputation: 494
If you decided to stop paying rent and move out before your lease was over you might raise breach of the implied warranty of habitability as a defense (if the landlord sued you). I'm not sure how far or if that warranty extends to acts of a tenant. The landlord might have had an obligation to tell you about this problem if someone else had complained about it and it was an known and ongoing problem, although, if there were such a legal duty, I expected it would depend a lot on what the landlord knew.

You might consider contacting the Tenants' Union, although since they are pro-tenant they may not be interested in helping much since you're concerns arise from a tenant protected by the rent-control laws.
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Old 10-11-2011, 11:28 PM
 
Location: Northern California
358 posts, read 1,035,700 times
Reputation: 146
It may be a hassle, but I would call the police every night the TV is loud (or maybe a few times per week for a few weeks) and then send each resulting report (or whatever documentation there is of the complaint) to the landlord explaining your displeasure and frustration with the tenant. If the landlord does not do anything, I would then use that documentation along with the landlord's inaction to see about getting out of your lease.

I know in Berkeley, one of the few reasons you can get rid of a tenant is if they are a nuisance that can be documented by police reports. Best of luck to you!
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Old 10-11-2011, 11:50 PM
 
Location: san francisco
2,057 posts, read 3,859,903 times
Reputation: 819
yeeesh! sucks.... i feel terribly sorry for you. i get annoyed enough when my roommates make little noises during the night, i can't imagine what you're going through.
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Old 10-12-2011, 02:37 PM
 
Location: St George Utah
159 posts, read 557,263 times
Reputation: 210
You've tried the decent/legal approach. Since you're otherwise content living there, they next thing I would do is carry out a guerilla warfare campaign to make things unpleasant for her.

Since you live below her, it is likely that telephone & cable TV lines run up behind one of YOUR walls & into her apartment. They're likely exposed right behind your own telephone/cable TV jack. You shouldn't mess with her telephone line because you can get charged with lofty BS like 'interfering with a 9-1-1 device,' but I do suggest that you start messing with her TV shows.

Figure out her sleeping schedule, & make your own noise, designed to wake her up periodically.

Talk with other neighbors & see if they too have issues with her. Ideally you & several others can join-up (conspire...) to give her a reality-check.

Do not ever waste the time of public safety services by calling/filing false reports (that'd be a crime), but hey, if you hear a loud argument, scream, gunshot, angry gorilla, etc. noises that seem to be coming from her apartment, it's your civic duty to call the authorities immediately, and not just assume that the sounds were coming from her loud TV...


You get the idea....
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Old 10-15-2011, 02:40 PM
 
77 posts, read 219,976 times
Reputation: 41
Thanks to everyone for your suggestions...I will try to see what I can do. My only saving grace is that the landlord wants her out because she pays so little each month. So at least I have him on my side. That and the police have had two unpleasant interactions with her already so that helps...

Does anyone know what the law is for "quiet" hours in SF?
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Old 10-16-2011, 12:25 AM
 
Location: San Francisco, CA
23 posts, read 36,997 times
Reputation: 22
I would recommend you buy a dBA meter (around $20-$30) check out Amazon. With your meter at hand you can get proof that it's above what is allowed.

Here is the city code on that (Sec 2909):

Quote:
No person shall produce or allow to be produced by any machine, or device, music or entertainment or any combination of same, on residential property over which the person has ownership or control, a noise level more than five dBA above the ambient at any point outside of the property plane.
Here is the code verbiage on hours:

Quote:
(d) Fixed Residential Interior Noise Limits. In order to prevent sleep disturbance, protect public health and prevent the acoustical environment from progressive deterioration due to the increasing use and influence of mechanical equipment, no fixed noise source may cause the noise level measured inside any sleeping or living room in any dwelling unit located on residential property to exceed 45 dBA between the hours of 10:00 p.m. to 7:00 a.m. or 55 dBA between the hours of 7:00 a.m. to 10:00p.m. with windows open except where building ventilation is achieved through mechanical systems that allow windows to remain closed.
If the dBA meter is more than five dBA from your apartment you can nail her for violating city code. Video record yourself with dBA meter as she's making noise. Do that for about a week so you have for multiple violations of the city code.


Read and get to know the city "noise limits" code very well. Here is the whole code:

http://www.amlegal.com/nxt/gateway.dll/California/police/article29regulationofnoise?f=templates$fn=default. htm$3.0$vid=amlegal:sanfrancisco_ca$anc=JD_2909

Once you're armed with knowledge of the city codes regarding noise levels and you have proof that she is violating then call the police and the SF Housing Authority so they can start fining her.

That should do it. Especially since you've tried the nice approach by even paying to fix her headphones.

If all that doesn't work, I would hire an attorney to sue. Of course if attorney fees are more than the cost of breaking the lease, I would just break it. But hopefully it won't have to come to that once you have documented proof that she's violating the city code.

Good luck! Keep us posted.
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Old 10-16-2011, 12:38 AM
 
Location: Too far from home.
8,732 posts, read 6,767,110 times
Reputation: 2374
Have you spoken to the tenants who live over her? next door to her? Have any of them complained? called the police? Maybe if you get enough tenants together who are having the same problem get an understanding that all of you will call the police - as the police suggested. Let them deal with it. After going out there night after night for nonsense, let them handle it. All of you should put a written complaint (signed by all) forward to the LL, with a list of all the calls placed to the police, the LL can go to court and try to get her evicted. The LL may also be able to obtain a list of all the calls made to the police as every call out must be documented? and present them along with the complaint.

It's tough dealing with the elderly, especially one that is deaf and probably a drinker, but you have the right to live without the disturbance. It's hard to function day to day when you are being deprived of a proper sleep.

Good luck to you.
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