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I live above a garage and the neighbors insist on using it…

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I live above a garage...
I live above a garage and the neighbors insist on using it during all odd hours of the night. I can not get a decent night sleep. Also, my utlities are hooked up to their unit and sometimes they do not pay the bills, so my gas will get turned off.
It took four months to get consistant hot water. I have now been there six months. my agreement was 6 months, then month to month, however, after mutliple compaints to the landlord about the noise and garage door, nothing has been done and i would like to abandone the place this weekend.
What is the Civil code Section for uninhibital noise nuisance. Not to mention the police raiding the neighbors a month ago for potential durg trafficing.
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/28/2010
Lawyer: loeblaw, Attorney replied 8 years ago
loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1,669
Experience: Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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The best approach is to ask the landlord to agree to a consent for you to move out without any additional liability from one party to the other. That way if you get a release you don't have to worry about any future court action. If the landlord does not agree then you can give the landlord notice that you are moving out based upon the principle of constructive eviciton....the conditions make it impossible for you to quietly enjoy the use of the premises. Or you can give the landlord an ultimatum so long as you a prepared to back it up....either they go or you go.

PLEASE HONOR THE HONOR CODE

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Customer reply replied 8 years ago
I asked you what the CA civil Code for noise nuisance was. You gave no legal basis to threaten abandoment prior to a 30 day written notice.
Lawyer: loeblaw, Attorney replied 8 years ago
I do not have this information available at hand, therefore I am opting out. Perhaps there is a California attorney who can better assist you.
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Customer reply replied 8 years ago

Thank you. I don't want to get in hot water.

 

Lawyer: loeblaw, Attorney replied 8 years ago
I can't imagine you will, especially if the landlord is willing to consent to let you out the lease but I don't have the code at hand.
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