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Excessive noise in new apt. -- options???

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wgrrrl

Junior Member
I just moved into an apartment in CA under a year lease, and I am concerned that the excessive noise may make it uninhabitable for me. I have read that CA Civil Code 1941.1 and 1942 give tenants grounds to move out / break leases if the apartment is deemed in “uninhabitable condition.” What exactly constitutes this? And how do I prove the noise makes my apartment such? My first night in the new place I got @ 1 hour of sleep. I literally can hear every word my upstairs neighbors say, when they laugh, cough, when they open a drawer, close a cabinet, when they shift weight from one foot to the other (wood creaking sound), when they walk of course, and God forbid their 20+ pound dog starts running around. It seriously sounds like the ceiling is going to fall in. I have called the manager, as well as sent a certified letter saying I would try to create ambient noise to sleep at night, etc., and see if it will get better (in the letter I also included detailed descriptions of everything else wrong with the apt., of which there are many / I wasn’t allowed to do a walk-through and the mgr. filled it out / I was forced to sign with the lease)… but what are my options here, if this truly becomes unlivable? How do I prove how excessive the noise is? Can I rent a decibel recorder? And what threshold would it have to cross legally (a certain decibel level, or merely constant mid to low-volume noise)? Or should I just use a video recorder to record it “real time”? Please advise! And before you ask, yes I have lived in apartments before – ten to be exact, over a course of about fifteen years. This is just so above and beyond anything I’ve ever experienced, and I am really worried since I had to sign a year lease.
 


ecmst12

Senior Member
Uninhabitable means a housing code is being violated. Insufficient plumbing, inadequate heat in winter, leaky roof, broken windows, that sort of thing. Noise is not a housing violation, especially if it is just the normal noise of the people upstairs going about their daily lives. It's just something you're going to have to learn to live with if you are going to live in a multi-floor building and not be on the top floor (and even then, there will be noise from below). Invest in some ear plugs and try to get used to it, or find someone to take over your lease. They have no obligation to allow you to break it.
 

Hot Topic

Senior Member
I can sympathize to a certain extent; however, your statement indicating that you weren't allowed to do a walk through of the apartment but (apparently) had to sign a form indicating that conditions were acceptable suggests warning flags that were ignored. You're now in a situation where the problems aren't the usual ones complained about, e.g., loud music at all hours, a dog that barks constantly, nightly domestic squabbles, etc. Instead, you're complaining about the normal sounds of living.
 

seekthetruth09

Junior Member
Have you tried talking to this neighbor? If any of the excessive noise involves the barking of their 20+ dogs, or being loud (music, tv, parties, whatever) after a certain hour, most cities due have laws regarding noise - ie: if you speak with them and they continue to disturb you after say, 10pm, then you would have a right to call the cops and have them tell them to quiet down - if you have to do this several times, they'll get issued a citation, and they may help your new place become more habitable. In the meantime, I would send written complaints to your LL for the duration - squeaky wheel, as they say. I would include documentation if you call the cops or anything like that as well - this will let them know you're serious and not just a whiner. Anyway, checking your cities laws on noise disturbances may help. One last thing - they do make "white noise" machines - a friend of mine in Santa Monica has one b/c his bedroom is off a really noisy alley - it works for him, so maybe look into getting one of those if worse comes to worse.

Good Luck!!
 

wgrrrl

Junior Member
Thanks / Update

Thanks everyone for your feedback, even though I have of course been disappointed to learn there is not much recourse on my end. The only update(s) I thought worthy of sharing is that yes, my cable has since been installed (I try to sleep with the TV on), and I also use fans to try filtering the noise. I have tried sleeping with my head between pillows and will try earplugs next. I am still rarely if ever able to get 7-8 hours of sleep a night however. As an example... of the past 4 days, I have been awaked by the upstairs neighbors having sex on 3 of the days -- at 6:38 AM, 4:42 AM (!), and 6:47 AM respectively. I can hear every detail and every word they are saying. And they do not go back to bed after these incidents, meaning, I try to go back to sleep but never really can b/c of their constant noise, beginning at these wee hours. The lack of sleep is affecting my health. I look like I've been beaten up when I finally get out of bed in the morning, am too tired to do things I would normally be involved with (exercising for one; I'm an avid runner), and I've generally been depressed at how hopeless my situation is. Other than perhaps getting my landlord on the fact they've still not even picked up my certified letter dated over two weeks ago / haven't addressed some other safety concerns and repairs I noted... please advise if you can think of ANY other possible solutions to this problem and/or breaking my lease.
 

FarmerJ

Senior Member
The only other thing you can learn is first find out the aproximate age of the building from your city /county govt tax records , then learn if your city/county has any ordinances that require sound proofing between units and under what circumstances is a property exempted.
 

You Are Guilty

Senior Member
Fight fire with fire. If you can hear them clearly, they can hear you. Figure out when these vampires are sleeping, then, at the top of your lungs: act out your favorite Shakespearean soliloquy; (pretend to) masturbate with your vacuum; practice your "ceiling bongo" skills; etc. Perhaps they'll get the hint.
 

Alex23

Member
Leave an anonymous note:

"Dear neighbor,
My late night blog sessions are becoming really popular thanks to the sounds that are coming from your bedroom. I don't know if my viewers come to see me or to hear your wife scream."​
 

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