Allen, Semelsberger & Kaelin LLP
Call Today! 888.998.2031
  • Home
  • About Us
  • Our Attorneys
  • Practice Areas
  • News & Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
background

What Noise Complaints Mean to Landlords and Tenants

News & Blog 2022 May What Noise Complaints Mean to Landlords and Tenants
Previous Post  |  Next Post

What Noise Complaints Mean to Landlords and Tenants

Posted By Allen Semelsberger Kaelin, LLP || 23-May-2022

According to the Noise Control Act (HSC 4600), “All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.”

Under HSC 4600, making excessive noise is against the law, and tenants can be evicted for multiple noise complaints. Similarly, landlords have a responsibility to protect their tenants from excessive noise and failure to do so can violate the “quiet enjoyment” clause of most leases and rental agreements.

What Is a Noise Complaint?

A noise complaint is a formal complaint lodged against an individual or operation for causing a disturbance or interrupting an otherwise peaceful and quiet environment.

Typically, a resident will notify their landlord of the noise complaint, and the landlord will take steps to remedy it, especially if the disturbance was caused by another resident.

In other situations, the landlord or the person complaining may contact the police or animal control departments for assistance.

Can a Tenant Be Evicted for a Noise Complaint?

Yes. If a tenant violates the quiet enjoyment clause of their lease or rental agreement on 3 separate, documented occasions, they may be evicted for cause.

Nevertheless, 1 noise complaint is not enough to evict a tenant, and the landlord must have proof of the violations. In some California counties, noise above a certain decibel is prohibited, but other counties forbid any noise that is “likely to disturb people of ordinary sensitivities.”

The landlord must show that the tenant violated the lease and/or the law to justify eviction. They may do so with audio recordings, decibel meters, and other tools.

How Should Landlords Handle Noise Complaints?

Eviction should be the last resort for landlords who wish to resolve noise complaints. Still, landlords have a responsibility to prevent harmful or excessive noise and failing to do so is a breach of habitability.

Landlords should listen to all noise complaints and investigate them thoroughly. If possible, the landlord should resolve the complaint by speaking to a tenant directly. In many cases, tenants making too much noise will be receptive to a warning and remedy their behavior.

If the noise is coming from outside of the rental property, landlords may need to ask for assistance. For example, the landlord could call the police for construction that occurs outside of quiet hours or noisy neighbors outside of the rental unit – or call animal control for a barking dog.

Police can issue fines and even misdemeanor charges for people who continually create hazardous noise.

What If the Noise Won’t Stop?

Because excessive noise can be hazardous to your health and welfare as a tenant, failing to resolve noise complaints is a breach of habitability. As such, you can stop paying rent until the problem is resolved or even break your lease to move out and away from the noise. In some cases, you may also be able to pursue damages.

For example, tenants can pursue personal injury lawsuits if the noise in question caused hearing damage or hearing loss or file a nuisance suit in small claims court if the noise in question affected their sleep and/or work.

Keep in mind that weaponizing noise is illegal, and if your landlord tries to use noise to drive you out of your apartment or rental property, you will have legal recourse.

If you need to break your lease or sue your landlord, Allen, Semelsberger & Kaelin LLP can help. We have been handling cases like yours since 1987 and collected more than $300 million as a firm.

Noise complaint cases can be complex, but we are dedicated to protecting your rights as a tenant, particularly if you live in a mobile home park.

For effective, efficient counsel, please call us at (888) 998-2031 or contact us online today.

Categories: Real Estate Law

Share Post

Practice Areas

How Can We Help You?

  • Eminent Domain
  • Business Law
  • Mobile Home Law
  • Personal Injury
  • Real Estate Law

When you need help, Contact

Allen, Semelsberger & Kaelin LLP

Send My Information
  • Home
  • About Us
  • Our Attorneys
  • James Allen
  • David Semelsberger
  • George Kaelin
  • Donald Lincoln
  • Jessica Taylor
  • Practice Areas
  • Eminent Domain
  • Business Law
  • Mobile Home Law
  • Mobile Home Questionnaire
  • Personal Injury
  • Real Estate Law
  • News & Blog
  • Categories
  • Business Law
  • Eminent Domain
  • Firm News
  • Jury Verdicts
  • Mobile Home Law
  • Personal Injury
  • Real Estate Law
  • Trade Secrets
  • Wildfire News
  • 2022
  • December
  • June
  • May
  • April
  • March
  • February
  • January
  • 2021
  • July
  • June
  • May
  • April
  • March
  • February
  • January
  • 2020
  • December
  • November
  • October
  • September
  • August
  • July
  • June
  • May
  • April
  • March
  • February
  • 2018
  • December
  • November
  • October
  • September
  • August
  • July
  • June
  • March
  • February
  • January
  • 2019
  • December
  • November
  • October
  • September
  • August
  • July
  • June
  • May
  • April
  • March
  • February
  • January
  • 2017
  • December
  • November
  • October
  • September
  • July
  • June
  • April
  • March
  • February
  • January
  • 2016
  • July
  • April
  • March
  • January
  • 2015
  • October
  • August
  • March
  • 2014
  • October
  • Contact Us

Call Today (888) 998-2031

Allen, Semelsberger & Kaelin LLP - California Mobile Home Lawyers
501 West Broadway, Suite 1780, San Diego, CA 92101 View Map
Main (888) 998-2031
Local (619) 552-3598
Website: https://www.asklawgroup.com/
2023 All Rights Reserved.

Navigation

  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Top 10 Verdicts of 2014
AV Logo
SuperLawyers
Forbes
Internet Marketing Experts