How can I have a neighbor’s tenant evicted for playing their music too loudly?

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How can I have a neighbor’s tenant evicted for playing their music too loudly?

I live in CA and have a neighbor who moved to D.C. He rented his condo to a tenant who will not cease playing their music so loud it vibrates my condo? It is driving me mad and all the neighbors in the area too. What can I do? The landlord is willing to help me.

Asked on September 24, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are several possibilities:

1) First, you might rent or buy a decible meter to see how loud it is; then contact city hall or the municipal clerk's office or police department to find out what the noise regulations are. If the noise level is too high for the times when the neighbor is making it, there is a violation of a noise ordinance and you can contact the police.

2) Second, you could discuss with an attorney whether you could bring a lawsuit for nuisance; the bar or threshold for when something is a nuisance is pretty high, but this may reach it.

3) Third, if the landlord is willing to help, he may be able to evict this tenant for disturbing the peace, particularly if the lease contains any clause or terms or conditions which bar the tenant from doing so. This is something to discuss with the landlord.


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