"private nuisance" claim, and a property owner that did not properly sound-proof uni
What is the name of your state (only U.S. law)? California
A small claims case was filed against an exlandlord for "maintaining a private nuisance", and in the same case, I was sued for "violating private nuissance code". My question is how I can best defend myself in this type of case? I know about fair housing laws that prevent discrimination from renting to families with children when it comes to "normal kid noise"...but I don't know if that can help to defend a nuissance claim. Our main defense will be that we made repeated efforts (documented) to get the owners to improve the sound-proofing. We communicated to the neighbor about this problem, and that the noise levels that disturbed him were in fact normal, and in "apartment style living" where children are present, there is an given that there will be certain natural sound levels that are tolerated.
What is the name of your state (only U.S. law)? California
A small claims case was filed against an exlandlord for "maintaining a private nuisance", and in the same case, I was sued for "violating private nuissance code". My question is how I can best defend myself in this type of case? I know about fair housing laws that prevent discrimination from renting to families with children when it comes to "normal kid noise"...but I don't know if that can help to defend a nuissance claim. Our main defense will be that we made repeated efforts (documented) to get the owners to improve the sound-proofing. We communicated to the neighbor about this problem, and that the noise levels that disturbed him were in fact normal, and in "apartment style living" where children are present, there is an given that there will be certain natural sound levels that are tolerated.