Legal Question in Real Estate Law in California

Problem with neighbors and leasing office

Me and two other people recently moved into a new apartment, ever since our downstairs neighbor has made a rediculus number of noise complaints saying we ''walk too loud'' or ''drop heavy objects'' neither of which is true. One of the compalints was made when we were not even home to stomp or drop stuff as he claimed, several of the times we were all asleep when the supposed noise occured. Up to this point we've tried to be ver cooperative and even let the leasing people walk through our appartment so another of the leasing agents could here the ''noise'', but its getting out of hand, at least once or twice a week they are calling us and its obsurd, we arent doing anything wrong. Is there anything we can do? I read somewhere that if a rental property become ''unfit'' and the landlord refuses to fix the problem you can refuse to pay rent and protect yourself from eviction, does this constant unwarrented harrasment qualify?

Asked on 7/13/01, 1:41 am

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Problem with neighbors and leasing office

Probably not. Under some circumstances, if the property becomes "uninhabitable" a tenant may have the right to repair the condition rendering the property uninhabitable, and withhold that amount in rent. However, this probably would not qualify. If you have a lease, you may be able to sue your landlord to terminate the lease legally for breaching your right of quiet enjoyment. You should probably see an attorney to discuss your particular matter.

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Answered on 7/13/01, 6:10 pm

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