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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Me and my son asked if there were any noise concerns when

Customer Question

Me and my son asked if there were any noise concerns when leasing an apt. They said the city had an ordinance about excessive noise between hours of 9 pm to 6 am (something like that). Nothing about about neighbors above me. They knew all along that the upstairs neighbors had a boy (of age five or 6) who was autistic & ECD had very excessive habits and stomped and ran back and for hours during the day and rode his toy with wheels hours on end. I told the leasing office I just couldn't take is any more and move me to another apt. upstairs. This a large apt complex (low income housing). I have had a section 8 for over 12 years. While every day noise like walking, or scooting a chair doesn't bother me all my health issues heart disease (two stint implants), chronic infections treated with antibiotics, and Medtronic stem implants for help controlling incontinence after mesh implant failure (lawsuit now pending). I am 72 years young & love kids. Here's the kicker...the mother of this boy saw both my son and me and warned us if his head banging bothered me to let her know. His Dad said he was trying to control it. So you know by that they were worried. They fail to control his excessive and compulsive behavior and the loudness. You can't imagine how bad it is. I'm 72 years young. I can't rest during the day, and this stresses me out. I want them to pay for expenses to move along with my phone, internet, and any hookups I need. My doctors (family physician and heart doctor) will write notes for me. Long winded but I'm done for now. Virginia ****** Phone(###) ###-####and email is***@******.***

Submitted: 1 month ago.
Category: Legal
Expert:  CalAttorney2 replied 1 month ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 1 month ago.

Dear Customer,

I am very sorry to learn of the unfortunate situation with your disabled upstairs neighbor. Living with a disability like autism is incredibly hard for the individual and everyone around them - both their family, and unfortunately at times their neighbors. But this is not "excessive and compulsive behavior" that can be controlled, it is part of the child's disability, living in a publicly funded housing complex, the community has an obligation to ensure that disabled individuals such as your neighbor are given a safe place to live.

You can try to work with the leasing office to get a new unit, it appears from your post that you have already approached them and requested a move, and if you were to find another place to lease you could argue that you should be released from your lease without penalty - argue that it is a "breach of the implied warranty of quiet enjoyment" and negotiate a mutual lease termination without penalty - get this in writing. But you are not going to be entitled to money damages (cost of moving, your utility fees, etc.).

Again, I am very sorry to learn of this situation, both the child's and the effects of the child's condition on you, but the resolution is going to be more diplomatic on your behalf with the leasing office, or perhaps finding another complex that better fits your lifestyle and needs.

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