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I live in a 661 unit apt. complex in Sacramento, Ca. and the…

Customer Question
I live in a...

I live in a 661 unit apt. complex in Sacramento, Ca. and the neighbors upstairs have a 15 yr. old daughter, a 22 yr. old daughter and a 18 yr. old son! The daughters and their mother constantly slam the door coming and going, LOUD, and delibritly stomp on the floor in one spot, and stop from one end of the apt. to the other repeatedly non stop for sometimes an hour to 2 hrs.! The vested owner refuses to put a stop to this and the sheriff says they would have to have proof! I have been looking to move for a yr. now! I am a disabled senior and need some advice as to what I can legally do! I have asked for help from management, they say move, that is easier said than done, and I'm trying to anyway, but in the mean time?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

The sheriff says it is not enough to file a report on, and the management has not even sent out a letter of informing them they are breaking the lease! But I have called their security, the sheriff numerous times and contacted the office here and nothing gets done!

Lawyer's Assistant: Have they talked to a CA lawyer about this?

No! I am considering contacting an attorney myself but I don't know what to file! Is it harassment, threatening my life, the oldest girl threatened to kick my butt, I'm 70 yrs old!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were told by the vested owner to stop calling the sheriff and their office, because he wanted me to move across the street to one of his other complexes in the same condition as here! And being disabled when I do move it will not be to stay in the same neighborhood!

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 29 minutes by:
11/12/2017
Lawyer: Richard - Bizlaw, Attorney replied 8 months ago
Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,834
Experience: Commercial and residential leases in NY & NJ & US
Verified

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

What you describe is a breach of the covenant of quiet enjoyment which is a landlord responsibility to remedy. Your problem is proof. There are two types of proof you can get. one is to have a witness hear the same sounds you hear. The other and provides greater accuracy is to rent a sound recorder. You can get a much more sophisticated piece of equipment to capture the stomping and provide a decibel reading in your apartment. That will be the best proof to support your position. You would then be in a position to take the landlord to court for breach of the covenant of quiet enjoyment if he did not take steps to remedy the situation. If the situation remained you could probably terminate the lease and may be able to recover moving expenses and other costs incurred for the inconvenience. Below is a link to a search result I did for places in Sacremento that rent sound recording devices. Contact one of them and see if you can rent something effietive and reasonably priced.

https://www.google.com/search?safe=off&rlz=1C1HQKI_enUS639US639&ei=H6EHWoWdA5zijwTEh7OYBA&q=Sacremento+CA+sound+devices+recorder+rental&oq=Sacremento+CA+sound+devices+recorder+rental&gs_l=psy-ab.12...8447.10934.0.13645.14.14.0.0.0.0.213.1490.0j10j1.11.0....0...1.1.64.psy-ab..4.2.230...0i13i30k1j35i39k1.0.3KBDyv6r-O4

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Category: Landlord-Tenant
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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