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There are very loud noises in my apt and the apt under me…

Customer Question
Hi, there are very...

Hi, there are very loud noises in my apt and the apt under me due to plumbing issues in my building. I have a 3 months old baby that keeps waking up at night because of this noise. I have emailed and called the hoa and I keep getting ignored. What should I do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

California

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/26/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 8,413
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes, which would include making sure that the plumbing is in good working order. Most plumbing will not make that kind of noise unless there is a serious issue. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

Has the landlord come to review the plumbing issue.

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Customer reply replied 1 month ago
The issue is with the condominium Association and not with the landlord. This is an HOA issue.
I called them and emailed them many times and I keep getting Ignored.
Customer reply replied 1 month ago
Because the noise comes from the pipes within the walls
Customer reply replied 1 month ago
My neighbors who lives one floor below me has had the same issue
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see what you mean.

This appears to be a classic breach of contract because they have not fixed the issues relating to the plumbing. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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