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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Does the CA nusance law for tenants apply to any noise at

Resolved Question:

Does the CA nusance law for tenants apply to "any" noise at "any" time of day? Does the law protect the tenant accused of nuisance from being harrassed by a super sensitive neighbor?

I have been accused of nuisance (noise) for conducting normal activities after 8am and before 10pm.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 6 years ago.
Hello, I am happy to assist you today.

Well, there are no time limits on noise complaints, any noise at any time of the day that is "unreasonable" would be a violation of the other tenant's rights of quiet use and enjoyment of their apartment.

The way the law works is basically any noise that is not something "typical" is a disturbance. So if your building just happens to have thin walls and was poorly constructed, and someone hears you having sex, that is not your fault. That being said, if you are having activities that are considered out of the ordinary and are particularly loud, that would be a legal problem.

This becomes a big subjective mess in the law. There must be a way to work this out so that your neighbor is not hearing you. If not, maybe it's just not the right building for you. I know it would be a shame to have to move, but you also shouldn't have to live with these constant complaints. That is also impairing YOUR enjoyment of your home.

So if this progresses what would happen is you would go to court and would make your argument to the judge. Then the judge would decide if you should be evicted because of the noise or allowed to stay. All this seems like way too much trouble for this issue.

Take care,
Kimberly
Customer: replied 6 years ago.
What would be the process? If my landlord gives me a Notice to Vacate due to Nuisance how long before we would appear in court? I have already given notice and will be moving out September 23rd?

Also, my mother is a guarantor on the rental agreement (I am a student) - does this affect her in any way?
Expert:  KimberlyLaw replied 6 years ago.
Hello, I am happy to assist you today.

The process would be you would get a notice to vacate, then you have to Answer the complaint and a hearing would be set for a few weeks later. By the time you make it to court to tell your story to the judge, you would already be moving out, so I think you are in a good position. Just make sure you gave proper written notice of your move out date with the right amount of time according to your lease so that your landlord doesn't come after you for more rent.

So if your lease is up and you are really moving, then your mother will have no further responsibility after the lease term ends.

Kimberly
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