Take Action Against Noisy Neighbors in Your Rental!
Dealing with a noisy neighbor can be frustrating, especially when it interferes with the peace and comfort you experience at your rental.
Unfortunately, Tenant Law Group cannot assist all tenants who contact our firm with direct legal representation. However, we believe in empowering all California renters with information. This page is a free resource for tenants navigating issues specifically related to noisy neighbors, including some practical tips to assist you in remedying the situation.
What Should I Do?
By taking these steps, you can work towards resolving the issue of noise entering your apartment while protecting your rights as a tenant in California.
● Building Rules and Regulations: Building-wide rules and regulations often accompany lease agreements. If the neighbor lives in the same building, check your lease to see if any Rules & Regulations are attached. If so, look for any specific rules about noise levels and quiet hours. Rules & Regulations for buildings typically include restrictions on quiet hours, especially at night.
● Local Noise Ordinances: If the neighbor does not live in the same building, Building Rules & Regulations would not apply. Research your city’s or county’s noise ordinances, which typically regulate noise levels and quiet hours (e.g., between 10:00 p.m. and 7:00 a.m.). You can usually find this information on your city’s website or by contacting the local government.
● Quiet Enjoyment: Under California law, tenants have a legal right to quietly enjoy their rental unit. Excessive noise that disrupts your living conditions violates this right.
● Keep a Log: Write down when the noise occurs, how long it lasts, and how it impacts your daily life. Include dates, times, and descriptions of the type of noise (e.g., loud music, shouting, etc.).
● Record Evidence: If possible, take audio or video recordings of the noise so that you have evidence if you later complain to your landlord or authorities.
● Buy a Decibel Meter: You can use a decibel meter to track just how far above the reasonable range the noise you are dealing with is.
● Take a Polite Approach: Sometimes, the neighbor may not be aware how their noise is affecting you. Consider approaching them politely or leaving a note explaining the issue and gently reminding them of any Rules & Regulations, if applicable.
● Share a Written Request: If you aren’t comfortable with a face-to-face conversation, you can write a polite note/letter or email outlining the problem. If you write a letter, make a photocopy or take a picture of it before leaving it under your neighbor’s door.
● Send a Complaint & Request Action: If the problem persists and your overtures to your neighbors are unsuccessful, prepare a writing (e.g., letter or email) to your landlord detailing the issue and asking the landlord to remedy the situation as soon as possible. Be sure to state that it is interfering with your ability to quietly enjoy your rental unit. Share any relevant documentation, such as your log of incidents. It is ultimately your landlord’s responsibility to remedy the issue, so do not feel obligated to propose a solution.
● Health & Safety Concerns: If the noise is causing health issues (e.g., sleeplessness), mention this to your landlord.
● Send a Follow-Up Complaint Requesting Action: If your landlord has not addressed the issue in a reasonable period (e.g., a few days to a week, depending on the severity of the problem), prepare another writing to your landlord. In this one, re-explain the issue, indicate that you had made a prior request, add that it is interfering with your ability to quietly enjoy your rental unit, and ask your landlord again to remedy the situation by a date certain. Again, share any relevant documentation, such as your log of incidents. If the noise has continued to create health issues for you or another roommate or family member in your rental unit, mention this as well.
● Mediation Services: If talking to your neighbor and landlord doesn’t still resolve the issue, consider mediation. Many cities in California offer free or low-cost mediation services to help resolve disputes between tenants and neighbors.
● Neighborhood Dispute Resolution Programs: Look into local neighborhood mediation programs, which can help tenants and neighbors come to a peaceful resolution.
● Contact Local Authorities: If the noise violates a local noise ordinance, you can file a complaint with the city or county code enforcement officer or health department. In extreme cases, you may need to involve law enforcement, especially if the noise is excessive or occurs during restricted hours.
● Legal Aid: If the issue persists and your landlord does not take appropriate action, seek legal advice. Many tenant rights organizations in California can provide free legal advice or representation.
Examples:
Tenants Together
Bay Area Legal Aid
Legal Aid Foundation of Los Angeles (LAFLA)
Central California Legal Services (CCLS)
● Request to Move: If the noise is unbearable and your landlord is unable or unwilling to help, you may ask to transfer to another unit within the building.
● Breaking the Lease: Severe and ongoing noise disturbances may be a breach of your right to quiet enjoyment of the rental unit, which would be grounds for you to negotiate breaking the lease without penalty. However, it’s a good idea to seek legal advice before taking this step.
Where Can I Get Legal Help as a Tenant in California?
If you’re a California tenant and Tenant Law Group is unable to represent you, the following legal aid and advocacy organizations can assist.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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