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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36990
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in an apt building in North Hollywood, CA. I have a

Customer Question

I live in an apt building in North Hollywood, CA. I have a HUGE issue with the neighbor that has an adjoining wall to me - he says he's a "music producer" and blasts loud rap constantly. I've tried to speak with the building owner (and of course, the "rapper" to no avail). I'm quiet, and i work at home - and now my work is suffering, as well as my peace of mind.The owner only told me to call the cops. I have - 4 times already, and the only thing that has happened is that the neighbor slashed my tires…TWICE, as retribution.
What do i do ? Is the owner responsible?
Submitted: 1 year ago.
Category: Legal
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. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am sorry to hear that the neighbor is creating such a disturbance...

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In a landlord tenant situation, the landlord is legally obligated to provide a habitable dwelling that meets all local code requirements, but that is about it. If you are having a dispute with your neighbor, he isn't responsible for mediating or acting as a referee between tenants. If the neighbor is violating the law by disturbing the peace, I hate to say it, but your recourse is to continue to call the police as they are the ones charged with enforcing the law. Eventually they will get tired of coming out and start citing him for violations at a few hundred a citation, increasing each time.

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However, from a civil perspective, you could sue him for "private nuisance" and seek an injunctive order preventing him from continuing the disturbance under threat of contempt of court and up to 6 months in jail for repeated violations. 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.

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So if his blasting his music is disturbing you and interfering with your use and enjoyment, you can sue him and get an injunction from a judge ordering him to abate the nuisance or face the consequences. You would need to obtain evidence, normally in the form of an audio recording on several different occasions, so as to be able to prove your case in court. If he has been cited for noise violations by the police, that is also very good evidence.

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thanks

Barrister