If I own a fitness studio that is housed in a building shared by a clothing store, what are my rights to play workoput music?

UPDATED: Oct 9, 2014

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If I own a fitness studio that is housed in a building shared by a clothing store, what are my rights to play workoput music?

We play music during our workouts – not loud but loud enough for our clients to hear (obviously). The owner of the clothing store just sent us and our landlord a nasty letter saying noise from the studio was a nuisance and causing her to lose business. I doubt this is true, however I do not doubt that she can hear the music, as the walls are just cheap drywall. She is insisting that we stop playing music. The lease doesn’t say anything about sound and we have not heard back from our landlord yet. Music is an important part of our fitness classes – we cannot do the classes without it. What rights do we have and what exposure to a lawsuit do we have?

Asked on October 9, 2014 under Real Estate Law, California


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The answer probably depends upon the language in both of your leases.  Even though sound is not mentioned, there may be something in there about not interferring with other tenants' businesses.  If the clothing store is going to take action it will probably be against the landlord, perhaps an attempt to get out of their lease based on the music.  Perhaps the landlord could help with the expense of a thicker, more soundproof wall between the two businesses?  It is best if you all can work out a compromise rather than going to court, which can be way more expensive than the cost of a wall.

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