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No real estate, tenant law issues. I have noise issue with…

No real estate, tenant...

No real estate, tenant law issues

Lawyer's Assistant: What steps has the tenant taken so far? Have they prepared or filed any paperwork?

I have noise issue with next door tenants. They have been served with paper once or twice. Nothing else has been done. I've called out police 4 different times, but of course, they state this is a management issue. I have sent a certified letter to mgr/owner, from which they have signed for. I stated I am withholding my rent until I have a meeting with the owner. It has been 2 months now.

Lawyer's Assistant: Where is the property located?

Torrance, CA 90504

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

Nothing else

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Answered in 1 minute by:
4/30/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,841
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Do you know why your landlord/the management has not done anything? Have they demanded the rent from you, at this time?

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Customer reply replied 3 months ago
No, they have not. They know there is an issue. The owner does't live on premises, only manager. Owner is aware of it. But nothing has been done. In the meantime, my personal peace is being disruptive by these tenants everyday. I am miserable.

Yes, as a tenant, you have a right to quiet enjoyment and that should not be disturbed. If it is, the landlord has a duty to act and correct/remedy it. If they fail to do so or in this case, refuse, they could be in breach of the lease and you would have a right to vacate and sue them for damages suffered. You do need to be aware that the withholding of rent, is typically limited to a situation where a landlord fails to make necessary repairs, so they may turn around and send you a demand to pay and cure or vacate.

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Customer reply replied 3 months ago
No thank you. What is my next recourse. Can I sue the tenants, because there are noise laws here in Torrance, CA

Next step would be to make a demand to the landlord to cure this and stop the noise or evict them or else you can vacate and sue the landlord for damages. There may be laws there but those need to be enforced by the police and if you sue, it would likely be to get an injunction for them to stop the noise.

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Customer reply replied 3 months ago
Can I sue the owner/landlord. There are other issues happening in this apartment dwelling other than the noise. ....rodents, repairs,...
Customer reply replied 3 months ago
How many notices does a tenant need to be evicted because of noise? I it up to the owner?

Yes, that is a sperate issue. If there are rodents and repairs that need to be done and they are not, you have a right to withhold rent or repair and deduct. With noise, a notice to cure would need to be provided, placing the tenant on notice that there is an issue and they need to cure it. If it continues, they could proceed and evict.

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Customer reply replied 3 months ago
Like I mentioned earlier, there was a notice, I have a copy of it. But the tenants are not abiding by this notice. The noise consist. Am I within my right to take the owner to court, even though I requested a meeting/mediation? No response as of yet, and my rent for 2 months are in a trust.

Court for what? As I shared, if you were to vacate, you can take the owner to court and sue for damages suffered, as a result, and the cost of the move. You can not sue the owner and force them to evict, I am sorry to say, so your remedy is to vacate and sue for damages.

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Customer reply replied 3 months ago
Ok, I understand. If I decide to stay here, it's up to the owner to deal with the tenants. In the meantime, I am lawfully suppose to pay my rent, even though my quiet space is being compromise every day by disorderly neighbors. What if the owner decide he doesn't want to do anything, but still demand rent? I'm pretty much screwed.
Customer reply replied 3 months ago
Right?

At that point, you can vacate and sue for damages. As I shared above, they would be in breach, since you have a right to quiet enjoyment and they have failed to cure and you are forced out, as a result

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Customer reply replied 3 months ago
Ok, thank you for you expert results. I do appreciate your time. I have a lot to think about. I will connect with you soon. Have peaceful rest of your day. Take care.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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