Legal Question in Landlord & Tenant Law in California

I live in a brand new apartment complex in South San Francisco CA. I can hear the tenant above me walking around. It sounds more like stomping and I don't think the tenant is the problem. I think the building may have cut corners when it came to the installation of insulation or lack thereof. How can I prove this? I want out of my lease but they want $6300 with 7.5 months left.

Asked on 4/16/21, 2:26 pm

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

There is no way you are going to get the building torn apart to prove what sound insulation is there or not, and even if you could, there is no way you could get it done for anything less than many times $6,300. Construction defect cases cost hundreds of thousands of dollars and take years. And it's doubtful you even have standing to object.

The good news is you don't have to prove anything about the building. The question in your case is whether you have been deprived of reasonable occupancy and enjoyment of your leasehold. That just depends on how bad the noise is, not the cause. What you have to prove is that the noise is beyond what a reasonable person should have to put up with in an apartment living situation, AND that the management refused to do anything about it.

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Answered on 4/19/21, 9:44 am

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