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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33707
Experience:  15 years real estate, Realtor. Landlord 26 years
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Not sure. I live in an apt complex in a quiet residential zone

Customer Question

Not sure. I live in an apt complex in a quiet residential zone in Santa Monica. My new upstairs neighbor runs is TV in the bedroom above mine all night long and I can hear loud voices, bangs and booms and engines etc. It has seriously affected my sleep. tried to talk to him to no avail.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..I have read your comments but don't see an actual question...Are you asking what your recourse is regarding the noise from the upstairs neighbor?.Have you recorded any excessive noise with a tape recorder?.How long has this been going on?..thanksBarrister
Customer: replied 1 year ago.
On and off since he moved in a few months ago. I have not recorded noises but I can clearly hear movie after movie sound effects in my bed. . Obviously I would like him to stop watching TV / use headphones in his bedroom all night long and just talking to him did not work.
Customer: replied 1 year ago.
He told his roommate he can only sleep with
his TV on.
Customer: replied 1 year ago.
I also think that in a bedroom at night, when people are supposed to sleep, any continuous noise is not appropriate.
Customer: replied 1 year ago.
I checked the Santa Monica noise standards but not sure how to interpret them. Should be 50 dB at night, minus 5 becaue this is due to speech/ music, so 45. That is well below conversational tone
Expert:  Barrister replied 1 year ago.
I would tend to agree with you that it is somewhat strange for him to have to have the TV on at a volume level that is so loud it reaches other apartments...With that said, you have a couple options here. Since you have asked nicely for him to turn it down/off or take other steps, then you could file a formal noise complaint with the landlord and claim that the landlord is breaching their legal duty to you to provide "quiet use and enjoyment" of the property and that you will have to file suit against them seeking an injunction and damages if they don't address the issue with the tenant..Another option would be to contact the police to see if they feel that it is loud enough to be a breach of any noise ordinance. But to be honest, it has to be pretty loud for them to find a violation as they just come out and listen, but don't bring sound meters with them to measure the sound levels..The third option would be to make sure you have a good recording of the noise by putting a recorder up near the ceiling to record the sounds and then filing a civil suit against the neighbor for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..So if the sound is preventing you from enjoying the property, then it is a nuisance and the judge can issue an order for the neighbor to abate it..Finally if you didn't want to jump right to litigation, you could have a local attorney send a "cease and desist" letter to them basically threatening to sue them for private nuisance for damages, injunctive action and attorney fees if they didn't abate the nuisance. Sometimes a letter from an attorney is all that is necessary to let them know you mean business...thanksBarrister
Customer: replied 1 year ago.
Thank you!
Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help any time...If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me..thanksBarrister
Customer: replied 1 year ago.
thank you, ***** ***** very helpful.
Expert:  Barrister replied 1 year ago.
You are very welcome.. Come back and see us any time you have questions about anything...thanks muchBarrister