10-16-2011, 10:04 AM
14 posts, read
20,898 times
Reputation: 12
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.
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.
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.
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.
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.
04-11-2012, 09:34 PM
Location: Alameda, CA
578 posts, read
1,291,163 times
Reputation: 348
Quote:
Originally Posted by
NYCtoSF
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
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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People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)