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View Full Version : Breaking lease in CA due to noisy neighbors California


Amylt
10-10-2008, 01:29 PM
I have been living under a woman who is very noisy.

When she first moved in I put up with her noise because I assumed she was moving in, arranging furniture etc.. I gave her a month to 'settle in'. Now 2 months later, and a few complaints to my landlord, I'm being told that I basically have to put up with the woman above me.

Maybe I'm being too picky, but here is my situation.
I have a 2 year old son, and I work a few days out of the week.
Our apartment has a rule that there are 'quiet hours' between 8pm and 8am. The woman is noisy during the day, but thats fine since it isn't during the quiet hours.
After 8pm the woman bangs her doors and cupboards, stomps around so loud that I can hear which room she is in, and doesn't keep her dog quiet. Every night she locks her dog in the bathroom or closet. I hear it crying and banging on the door to get out. I have had to call the cops twice on her because one time her boyfriend was beating her (I could hear running, loud yelling, and basically the whole fight). The 2nd time I thought the same thing was happening, only to find out she was having a very loud sleep over with some girlfriends.
Each morning she lets her dog out of his 'holding facility' around 5am, letting him run all over her apartment. She vacuums, does laundry and runs her dishwasher before 8am.
Another rule for our apartment complex is that dogs must be on their leash at all times while outside. I was walking out to my car when her dog ran down the stairs, ran up to me, and clawed my leather boots. Her dog was not on the leash.

Each night I get no sleep because the woman is noisy, keeping me up, and she wakes up my son.

What can I legally do to get out of my lease with out penalty? Any advice would be very welcomed.
Thanks in Advance

smcclintick1231
10-15-2008, 11:46 AM
i am having a similar situation in my current apartment. on the 1st 2 18 year old girls moved in above me. for the first week it was the parties that kept me up and the police had to be called twice for noise and for a fight that started in the apartment then spilled out in to the parking lot. the tenants have refrained from the partying for the past couple of days however we have come to realize that there is no insulation between the 2 apartments. the sound of the tenants above us moving at all can be heard through the floors and ceiling. the girls work at a bar/restaraunt so they work at night and come home and hang out till 4 or 5 in the morning. i teach and need to be up at 5:30am. there was a tenant above us for the first two months that we lived there and we never heard him at all. now we hear these girls constantly. i am going to request that i be released from my lease without penalty. i was wondering if there is anything that i can do if my request is denied?
i am in pennsylvania by the way.
thanks
sean

ohgod
10-24-2008, 12:34 PM
Take a look here re: ending the lease early: http://www.caltenantlaw.com/breaklease.htm

I've posted a link to this guy's site in another thread just recently. Again, no relation to the attorney that wrote this and I'm not benefitting as if this is advertising (its free info anyways), but this guy gives very clear, free instructions and this pertains to your matter.

As to the guy in Pennsylvania, I dunno this only covers Cali tenancy law.

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