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Loud neighbor

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Wassdeet

Member
CA

I live in a 10 apt unit, 2 stories. I am 68 yrs old in a 2nd story now for 25 years with no problems. The bldg is mixed, mostly younger but all friendly. Except for a 30-ish man moved underneath me. He is very loud and when I asked him to lower his music/tv etc. he said he doesn't have to until after 10pm. We've had some arguments, the bldg manager suggested I text him, but that didn't work either. To top it off, he rehearses his D.J. turntables which he plays at dance clubs.

I fished out my lease and it says this about noise: "Resident agrees not to cause or allow any noise or activity on the PREMISES which disturbs the peace and quiet of another resident."

Does that mean anything, it seems that the after 10 rule doesn't agree here, in fact it doesn't give any type of specific time as per above.
 


FarmerJ

Senior Member
unfortunately for you there may not be more that you can do other than complain to the landlord and call the police when you must. OR move out. If you speak to the manager again Id suggest you quote to them your lease and tell them that you also expect them to address this other wise you will just keep calling the police until it gets to a point that your building goes on a Sh** list of problem properties ( since most larger communities have gotten to a point where after so many calls from one property they do things like increase licensing fees) If this is a older building your free to suggest to them that they hire a foam insulation firm to come out and insulate between your floor and his ceiling for sound proofing but in the end you just might be better off finding a new place to rent this way if its newer construction then it may already be insulated between units for sound proofing .
 

Wassdeet

Member
unfortunately for you there may not be more that you can do other than complain to the landlord and call the police when you must. OR move out. If you speak to the manager again Id suggest you quote to them your lease and tell them that you also expect them to address this other wise you will just keep calling the police until it gets to a point that your building goes on a Sh** list of problem properties ( since most larger communities have gotten to a point where after so many calls from one property they do things like increase licensing fees) If this is a older building your free to suggest to them that they hire a foam insulation firm to come out and insulate between your floor and his ceiling for sound proofing but in the end you just might be better off finding a new place to rent this way if its newer construction then it may already be insulated between units for sound proofing .
I called LAPD and they said this; First of all the 10pm quit isn't what LAPD will do. Rather they will mediate the two parties and if there's professional music players in the guy's apt, that calls for an even more limitation.

I'll try the manager again once more.
 

LdiJ

Senior Member
I called LAPD and they said this; First of all the 10pm quit isn't what LAPD will do. Rather they will mediate the two parties and if there's professional music players in the guy's apt, that calls for an even more limitation.

I'll try the manager again once more.
You did not understand the advice you received. The advice was not to call the LAPD for advice. The advice was to call the LAPD and make a noise complaint when the noise is actually happening.
 

CdwJava

Senior Member
If you call, it would be for disturbing the peace through loud and unreasonable noise.

415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:

(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.

(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.​

The police may ask if you are willing to sign a private person's arrest (aka a "citizen's arrest"), or, sign some similar document indicating your desire to pursue action if the noise continues. If they do respond, it is typical that they tell the offending party to quiet down or they could go to jail or be cited. If the noise continues and they have to return, you may have to sign a private person's arrest and the police might then issue a citation to the resident or actually arrest them (though the former is far more likely than the latter).

Understand that the police cannot have their peace disturbed. So, if you call and try to remain anonymous hoping they will hear the noise and act on it, they can't. They MIGHT make contact and advise the resident that people are complaining or that the music/noise is loud, but, they cannot cite or arrest on it without a private person's arrest.

It's also possible that a police response may be long delayed as it is generally a loooow priority call.
 

Wassdeet

Member
If you call, it would be for disturbing the peace through loud and unreasonable noise.

415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:

(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.

(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.​

The police may ask if you are willing to sign a private person's arrest (aka a "citizen's arrest"), or, sign some similar document indicating your desire to pursue action if the noise continues. If they do respond, it is typical that they tell the offending party to quiet down or they could go to jail or be cited. If the noise continues and they have to return, you may have to sign a private person's arrest and the police might then issue a citation to the resident or actually arrest them (though the former is far more likely than the latter).

Understand that the police cannot have their peace disturbed. So, if you call and try to remain anonymous hoping they will hear the noise and act on it, they can't. They MIGHT make contact and advise the resident that people are complaining or that the music/noise is loud, but, they cannot cite or arrest on it without a private person's arrest.

It's also possible that a police response may be long delayed as it is generally a loooow priority call.
Yes, to all of you, but I called LAPD to see what they can do and they have a special unit for tenant-to-tenant conflicts, and I can call anytime of the day for that type of noise. It has nothing to do with the 10pm rule at all. Now I'm preparing to address the building super and the bldg manager with several pieces of information as well as a calendar I started in January 2015 along with three witnesses to the sound. Maybe it's overdoing it, but why not try. I also have a lawyer and a doctor report regarding stress.

Thanks for all the input from all of you. I'll be happy if the jerk just lowers the DJ turntable music.
 

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