Legal Question in Landlord & Tenant Law in California

We live in a complex, and our neighbor from upstairs trying to make our lives misserable. She complaints all the time about accessive noise at normal hours coming out of our appt. When were just talking or watching tv at 6 pm. According to the rules of this complex we're aloud to make noise until 9 pm, and she complaints at 6 pm about a normal living noise as if it was accessive. Tenants who lived here before us all moved because of her. It's clear that she's trying to bend the rules in her favor. We're aloud to live and breath normally in our home, and she's trying to make it impossible for us. More than that she or her dog make a lot of noise- banging on the floor loudly, almost every night at the small hours like 2am 3am....ext. But we never complained because at those hours we're trying to sleep and to find the security guard that walks around here at night will take a while..... Now the complex management set a hearing date because of her false and unreasonable complaints.....what should we do?


Asked on 5/23/11, 3:57 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

This is a very, very frequent question on this site. You should search past questions for other answers, but to be very frank and honest with you, my suggestion is that you need to seriously consider moving. This situation is not going to get better, and it appears clear that the management is going to find one of you at fault at this hearing, and probably start the process of eviction. While I know rents are getting more and more expensive, and moving is an expensive process to begin with, your peace of mind is more important. From a legal perspective, you should get an attorney to represent you in this "hearing" and ensure that your rights are not trampled all over, but the reality is that it may be less expensive, less risky and less stressful to just start looking for a new place to live.

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Answered on 7/12/11, 9:41 am


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