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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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I own a condominium in Hayward, California and have neighbors

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I own a condominium in Hayward, California and have neighbors upstairs. The upstairs unit is two bedrooms with a married couple, a teenage boy, a 2 ½ year old boy and a newborn and they always have company over. The 2 year old runs around the unit constantly starting between 5:00 and 6:30 am and does not stop until between 8 and 10 pm every single day. We have already complained to the HOA about this and other issues with no results.
We have filed at least 9 complaints with the property management company who relays the messages to the president of the HOA board. I first brought the issue up with the neighbors and they claimed I was exaggerating or making the issues up. The mother of the woman upstairs is also the president of the HOA board. I have resulted to calling the police a few times and the noise usually stops for about a week or so and then goes back to being just as bad as before. They keep saying that they cannot control their kid but the city public nuisance laws clearly state that the property owner is responsible for the noise caused by any person, animal or machine on their property and after I call the police the noise stops for a while so they can stop the noise if they have motivation to but I do not have the time to keep calling the police every single day about this issue. They know that they are making noise but do not care, if this where an apartment complex they would have been evicted months ago. I have been taking readings with a decibel reader and on average the noise is 10dB above ambient levels, almost twice the level allowed for construction zones in my city. Out of frustration I have pounded on the ceiling and they pound back in the same rhythm and then get much louder. Even when the noise is not so loud it hurts my ears, there is never a time when I am home and cannot hear them stomping around.
We had soundproofing installed through the main living area of the house at great expense which dampened the noise somewhat but not at all in the bedrooms. The noise and vibrations are so bad that my pictures would fall off of the wall, the chandelier swings around and I have to shout when talking on the phone and blast my TV just to hear it. I have not had a full night sleep in three days due to being awoken by the noise. I cannot take this anymore but I have invested too much time, money and energy to move and refuse to be pushed out by lazy, careless, selfish neighbors. I feel I have exhausted all options to get them to handle their responsibilities and the only solution I see is to force them to move. I proposed this to the property manager who told me that they owe more than their unit is worth and could not. I have absolutely no sympathy left for them and do not care where they go, I just want them out as soon as possible. I am not on speaking terms with them and it has become clear that they will not change. I am open to any ideas that will get them out. Once they are out we may be willing to buy the property to rent out if this information helps. What are my options?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Can you please tell me whether or not you know if the horrible neighbors are behind in their HOA payments?

 

 

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

 

Customer: replied 3 years ago.
I do not know if they are behind in their HOA payments. We sugested to the president of the HOA board who is also the mother of the woman upstairs that there are two downstairs units of the same size for sale in the complex and that their moving would solve the problem to which she replied that they owe more on their morgage than their condo is worth and could not move. As far as I know their HOA payments are up to date.
Expert:  Jane Doe Deer replied 3 years ago.

It sounds to me as though you have tried everything I could possibly suggest.

 

That leaves one thing - a nuisance lawsuit, and a motion/hearing to get a restraining order against your neighbors.

 

I would suggest using a real estate attorney with trial experience, and at least five years experience. Make sure you obtain references.

 

I'm sorry, I'm in a little bit of a hurry at the moment. If you have further questions, I can answer this evening or tomorrow morning. I'll have more time then.

 

Usually lawsuits are the last resort. I think in your case, that's the only remaining option, since nothing else I could suggest has worked.

 

My best,

 

Jane

Customer: replied 3 years ago.

Would the best approach for me be to file a nusance lawsuit? I worry that they would make the argument that they cannot control their child and a judge, having not had to live with it may take their side. Would it be a better approach to sew for the cost of the soundproofing ($11,000) and past HOA fees to force them to sell in order to pay and move?

Expert:  Jane Doe Deer replied 3 years ago.

I'm sorry, but you are asking for legal advice, which I can't give to you (you're asking what you should do, and what's the best option).

 

I can, however, give you some information. When one files a lawsuit, one can put numerous issues in the complaint; there is no limit to the number of issues that can be in one complaint.

 

Similarly, in a complaint, in the section where one is listing what one wants the judge to award or do, one can write something like:

 

1. Make the neighbor move, blah blah blah or, in the alternative,

 

2. Pay $11000 in damages.

 

 

In other words, when you start a complaint, you write out every possibility.

 

When you allege facts, just be sure that you can prove every fact that you allege.

 

My best,

 

Jane Doe Deer

Customer: replied 3 years ago.
One last clarification, if I do try to file a restraining order what grounds would it be on? I was under the impression that restraining orders where only for if you fear for your physical safety or had been physicly threatened. Can it be because of harrassment?
Expert:  Jane Doe Deer replied 3 years ago.

It wouldn't be a domestic violence restraining order, or a similar one.

 

It would be something you may have heard as called an injunction. You would have to first file a lawsuit. You can file for a hearing and request for injunection (restraining order) at the same time, and then serve all the documents together.

 

My best,

 

Jane

Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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