California  |  Landlord & Tenant Law

Legal Question

Asked on: 5/07/10, 10:14 pm

Vista Callifornia - landlord tenant - tenant given 3 day notice to complay or move due to complaints from neighbors of loud music and yelling.No dates and times given. Tenant responded to landlord that they want to comply and remain in apartment but need to know what complaints are referring to. Music played at normal volume in afternoom never late at night. Male tenant is 6'5" and a huge guy with deep, loud voice.. He doesn't yell except that he is a video game nut and sometimes gets mad at game and maybe loud voice then.

Tenant asked to meet with landlord to discuss and resolve. Thinks complaints are false but willing to try to work it out. Can landlord evict tenant based on neighbor's complaints with no details, just his word? I know about implied code of quiet in home. Isn't there an implied code of normal daily living. Walls are paper thin. tenant can hear neighbor upstairs going to the bathroom. fFom time to time apartment tenants may hear each other.What should tenant do.? They want to stay and don't want to get evicted especially when they are not being noisy. How do they stay and be able to live without fear of complaints for every litttle thing?

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