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I just moved to a new rental unit in California. Unknown to me my neighbors right above me have 4 little children. And they constantly run around and stump at different hours of the day. The noise starts as early as 7am in the morning, some days it's what wakes me and my wife up. My apartment has become uninhabitable during the day. I have to leave just to get any studying or work done. I've only been in this unit 2 months and I've made several complaints to the landlord. I even suggested they move us into a different unit in the building at the same rental price. But the landlord has refused to move us or remove the noise.
My wife has anxiety and the noise has made it really hard to live or cohabit together. It's been a roller coaster month for us.
There is a clause in my lease that states “Noisy or disorderly conduct annoying or disturbing other residents will not be permitted.” I have pointed this out to the landlord and other codes in California laws.
At this point I have decided to withhold my rent payment until something is done. Am I justified to do so? Am I able to break my lease for this reason? or Am I still liable to pay rent?
I doubt that's grounds to withhold rent and if you break your lease (depending on the laws of CA) you'll still be liable for the monthly rent until they find another tenant. In regards to the landlord removing the noise, since it's children there's not much he can do because apparently families with children are a protected class. They'd have to do a lot more to get booted. Believe me, I've been in a similar situation (only difference being that the children were DOWNSTAIRS - if they were that loud to me, I can't even imagine what the pour souls who lived underneath them went through!)
It's very unfortunate because I know how much noise can affect your life. There are many threads on this forum about noise and a few of us go to vent there. I'm sorry that you're having these issues. I hope you can find a better situation soon!
I don't normally condone breaking leases, I would start sending complaints in writing to get a timeline and proof that LL won't do any regulating or enforcement of the rules. This will at least give you a leg to stand on
No, you cannot withhold your rent for children. Sure, you can break your lease at any time, but that does not mean that doesnt come with a penalty involved.
No, you cannot withhold your rent for children. Sure, you can break your lease at any time, but that does not mean that doesnt come with a penalty involved.
this.
The fact that your neighbors have kids is part of life. Stick it out or break the lease and accept the penalty. And good luck finding another rental where you will be guaranteed not to have any noise from your neighbors.
Either look for a single family with distance or find a new highrise with concrete floors... concrete floors really make all the difference.
I had a very nice 4 plex with all refinished hardwood floors and mini blinds and sure enough a noise problem soon after I rented the upstairs units.
The only thing I could do was use heavy commercial pad with wall to wall carpet and floor to ceiling drapes... just these two changes made everyone happy...
I don't normally condone breaking leases, I would start sending complaints in writing to get a timeline and proof that LL won't do any regulating or enforcement of the rules. This will at least give you a leg to stand on
This^. Loud obnoxious noise, is loud obnoxious noise whether it be children or otherwise. If any of you have never had to deal with it to the extreme it can get to then you have absolutely no idea how nerve racking and stressful it can be. It is just as loud and obnoxious as someone with their music or TV volume up so high and or the bass booming. And there ARE things that can be done about it. If the LL would just grow a pair and do their job to keep the peace I am sure it would improve things quite a bit. There is nothing worse than being ignored when you are already going through this type of trauma in your life and you have no peace and quiet.
And don't even try to claim that it is 'normal' noise because it is not even close. I don't know about anyone else here but I was raised to respect others and not run or stomp in the house while growing up. So the tenant could easily be told by the LL that others 'quiet enjoyment' is being disturbed by the stomping, running, etc and if you could please tone it down a bit it would be greatly appreciated. What is so difficult about that?
And as I have said before, coming from the LL gives it a lot more clout than coming from the tenant who is being disturbed. By the LL not doing or saying anything only tells the tenants who are making the noise that it is okay and that they don't have to respect others. Despite what many of you think, 'children' do not get a free pass to do anything they want to just because they are children.
So OP, put it all in writing and send certified letters to your LL regarding all the noise and what you are hearing and when you are hearing it and continue to do so. Granted, you can't call the police on them however, maybe the letters in writing will help and if not, perhaps they will let you out of your lease if nothing else. At least you will have tried.
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