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Old 10-16-2011, 10:04 AM
 
14 posts, read 20,898 times
Reputation: 12

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Hey there. This is in response to llgg about the noisy neighbor. I had a very similar problem with an out-of-control tenant here. She wanders the hallways all night and day; turning on lights and opening windows; quizzing guests as they get off the elevator; insulting and stalking tenants as they pass; trespassing their apartments necessitating the need to always, always lock their doors; monopolizing the lounge while she plays with her phone; wears the same soiled house dress day in day out - just crazy a** behavior. She isn't noisy, just a damn nuisance to the point other tenants on this floor don't come out anymore to visit with each other for dread of running into "Ma Kettle".

How do you deal with a tenant who is clearly not suitable for living in close proximity to others? They - for whatever reason - completely dismiss the needs of others, oblivious to rules and regulations in the building, and are unwilling and/or unable to change. Your life is miserable, right? They haven't really physically threatened you, or killed your pet. They may pay their rent on time, so, trust me, you won't get any cooperation from the landlord or manager, since all they see is dollar signs. Here's what we did:

First, put all complaints IN WRITING. Be specific and factual: dates, times, just write about what happened, not what you think happened. Keep a copy. Always keep copies. Now you've created a paper trail. Owners and managers cannot ignore a paper trail, trust me. If you get no response within a reasonable amount of time, file a police report. They will probably ask you if you've tried to resolve this with the owner/manager, at which point you will tell them in a very calm rational voice that you have, to no avail. You can even file police reports on-line, which IMHO, is better and easier. Once you file, they review your complaint and either approve it or not, assign a detective, etc. You then have a report NUMBER, which is even more paper trail. They will probably not contact you personally unless they need more information, but, trust me, they will be calling the manager/owner to ask, "What UP?? This tenant has tried to resolve this problem with you, filing x number of complaints, and you haven't responded???! You're opening yourself up to legal action, because this tenant has a - I believe it's called - a right to peaceful and quiet enjoyment their home." Look into California Landlord Tenant Rights. BOOM. Eviction. Problem solved.
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Old 10-16-2011, 03:31 PM
 
13,711 posts, read 9,189,504 times
Reputation: 9840
Some good advice has been offered here. What your neighbor is doing is textbox violation of non-infringement of quiet enjoyment of all tenants. This is a Just Cause violation and the offender can be evicted.

An important thing to remember is that the tenants union, the rent board, and likely even the judge all want to keep that poor old helpless lady in her rent-controlled unit. Make no mistake about it, this is a pro-tenant city, espeically old protected tenant. If you persue this, it is going to lead to a hearing in front of a judge and she will have free legal advice courtesy of the tenants' union. For you to win this battle, you need to be dilligent; document, document, document. Have proof of everything that you claim.

First thing is you should notify the management of this issue and that you're keeping records. Put the complaints in writing. Better yet if you can involve them as your liasion, since they should be the one who communicates to the tenants. Management/landlord are the only entity who can initiate an eviciton, so you'll need their help at some point.

Second, document everything. The more the better. Police reports are the best because judges trust them. Also make a recording of the noise if possible. Get other tenants' testimony, etc. etc. Keep the receipt of the technician who came and fixed the headphones as proof that your neighbor has the tools but chose not to use it. If possible, record yourself showing her how to use the headphones and have a recording of her actually using it properly. This will further proof that she knows how to use the device.

Third, by this point you should already have filed several written complaints with the management and perhaps the management have even talked to the old lady but to no avail. Now you need their help. Present to the management the proof in your possession and have them serve a "Three Day Notice to Perform Covenant or Quit" notice to your neighbor. This is a first and very important step, without that notice, your neighbor can pretend that she never knew there was a problem.
(If for some reason, the management chose to do nothing. You file a complaint against them. Bottom line is that you cannot serve your neighbors, only your landlord/managament can.)

Now you just have to wait. Legally she has three days to correct the problem. Meaning she can keep blasting the volume for three days but if the volume disappears on the fourth day and remains so then she has legally corrected the problem and she cannot be evicted. However, if at any time after the third day she blasts that TV late at night, then you've got her! Call the police immediately and file a report, it is proof that she failed to correct the covenant within three days and is therefore ground for eviction.

So if she continues to violate the quiet enjoyment of others then she'll be evicted for sure, right? Not so fast. Even if the papers are served and she keeps on being a nuisance, the judge will likely try to keep her there anyway. The judge may ask you if you're willing to swtich unit with the old lady, or order the management to reinforce your ceiling/her floor to block out the noise, or give her another chance at using the wireless headphones. Whether you and other tenants in the building want her completely gone or willing to work out a resolution is up to you guys. But this is going to be a long process that requires lots of patient and paper trail.

Good luck.
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Old 04-11-2012, 05:45 PM
 
Location: Los Angeles
460 posts, read 979,576 times
Reputation: 299
This tenant is completely taking advantage of the system. I would negotiate with the landlord to break the lease and move out.
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Old 04-11-2012, 06:59 PM
 
Location: San Francisco
434 posts, read 1,015,804 times
Reputation: 202
When I was in Los Angeles, there were uniformed police who dealt with whatever came up, and who (of course) absolutely had to prioritize rapes, robberies and so on over noise complaints, and then there were other police units that dealt with ongoing neighborhood problems, such as noise. I'm guessing there might be a similar system here in S.F. I suggest calling your local police station and seeing if there's a unit that deals specifically with noise complaints.

If you're unwilling to move, it sounds like you'll have to be patient and persistent. I don't envy you this problem. She sounds like a nightmare neighbor.

Although you're both tenants, I'll bet the Tenants Union is often called upon to provide advice to tenants with neighbor issues like yours. I just checked their web site, and see that they have drop in clinic hours. ( San Francisco Tenants Union ) You risk a wasted trip, their fee and a wasted half-day if you go there, but they might be able to refer you to go a good attorney, and provide good feedback.

I don't recommend that you fight fire with fire, so to speak, and do anything illegal yourself. You may wind up in court with this woman, and will want it to be very, very obvious which of you is wearing the white hat.

Good luck.
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Old 04-11-2012, 08:34 PM
 
218 posts, read 482,707 times
Reputation: 108
This is what you get when you have a bunch of retarded liberals running your city and establishing their stupid rent control policies. Not a single unit in a major metro area should be rent controlled, every single tenant should pay market rates and be thrown out on the streets if they're late by even a single day on their payments.
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Old 04-11-2012, 09:34 PM
 
Location: Alameda, CA
578 posts, read 1,291,163 times
Reputation: 348
Quote:
Originally Posted by NYCtoSF View Post
This is what you get when you have a bunch of retarded liberals running your city and establishing their stupid rent control policies.
Read:

Quote:
Originally Posted by llgg View Post
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).
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