Legal Question in Civil Rights Law in California
noise from neighbors
I have a neighbor downstairs that is threating to sue me for being nuisance. We installed a hardwood floors which is allowed by the association and its legal, yet they feel thier quality of life is hampered by the percieved extra noise. I need to sell I can't afford anymore attornery fee's. Question is can they sue me if I put the sound proof carpet in and sell, they also want a deed restriction which at that point I said no. What is your advise can I list it without the carpet and at that point could they sue. (They really don't have a case but I can't afford carpet and lawyers I've already spent 6k+It seems to me the eaiset way out is to carpet (giving them no cause) and sell? Any suggestions?And do I have a case for a counter suite of stress (sense this start a yr and a half ago I've had 2 heart attacks 3 stents and my everytime I think about it i get very stressed out it's in effect ruined our lives here.(they don't even live here) He's rich is running for congress in a couple of yrs he lost the last election. Just want a second opion what to do. My attorney just wants to mediate.
Mediate what is what I want to know? I didn't do anything out of the ccr's. Can I sue him?
Thanks
Charles
1 Answer from Attorneys
Re: noise from neighbors
One of the risks of living in a condo or apartment building is noise from a neighbor. In fact, my upstairs neighbor walks on her hardwood floors, but that's a fact of life that I live with. Fortunately, it's not all hours of the night. If there's a way to restrict walking with shoes during off hours and putting a rug or carpet down, I don't think they would have grounds for succeeding in a lawsuit. Have they complained to the homeowners' association? Has the HOA said anything? You should do what you can to reduce the noise, especially during off hours (late at night and early in the morning).
Others may disagree with me but, if you sell, you might have to disclose in writing that you have neighbors who have complained about walking in the unit.
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