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I live in a duplex and have an upstairs neighbor who comes…

Hi, I live in...

Hi, I live in a duplex and have an upstairs neighbor who comes home every night at 4am, wakes up my whole family pretty consistently when playing with her dog on wooden floors upon return. I'm at my breaking point: I have complained multiple times both to the neighbors and property managers but nothing is being done about it. What good is the contract if the property manager ignores your request to do something about the noise damage. Have not slept well the entire time I've moved in. What are my rights in this scenario?

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

No nothing yet

Lawyer's Assistant: Where is the duplex located?

Los Angeles

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

No, that's it.

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Answered in 9 minutes by:
3/14/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,928
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have a right to peaceable use and enjoyment of your property you are leasing. If the manager is ignoring the fact that the tenant is violating that right by making noise at unreasonable times, and 4AM is certainly unreasonable, then you have a right to call the police for disturbing the peace and you also can sue the landlord for breach of lease and the tenant for her creating a nuisance and interfering with your peaceable use and enjoyment of your apartment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,928
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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