Singing the Blues Over Noisy Neighbor
QUESTION: My husband and I have lived in the same Manhattan Beach apartment for four years and have noise problems with our downstairs neighbor. He insists on playing his guitar (sometimes with an amplifier) and singing very loudly whenever the mood strikes him.
When he is not singing and strumming his guitar, he is playing his stereo so loudly that we can hear the noise in every room of our apartment. I define “loudly” as when my television is turned on in a different room and I can hear every word in the lyrics of the song he is singing.
None of the other neighbors complain because he plays in his bedroom, which is located directly under our bedroom in the corner of the building.
Our landlord refuses to do anything about the problem, even after being notified of it in writing. Unfortunately, at this point we cannot afford to move out. Do we have any legal rights as tenants to get some action from our landlord?
It seems to me that this problem is a violation of the standard month-to-month rental agreement. I brought this point to the landlord’s attention but he refused to do anything about it. Is there anything we can do?
Also, we are expecting a baby soon. Can our landlord make us move if the baby’s crying makes too much noise for our neighbors?
ANSWER: The letter you enclosed says, “According to the lease that we signed, it states under No. 8, ‘Tenant shall not disturb, annoy, endanger or interfere with other Tenants of the building or neighbors . . . .”’ That language gives the owner the right to evict noisy or disruptive tenants. It does not compel him to do so.
At any rate, the language in the agreement doesn’t affect the owner’s ability to evict you, or your neighbor, with a 30-day notice under state law and he does not need to cite a reason for doing so. You are on a month-to-month agreement.
It doesn’t sound as if you can here the music from outside the apartment, which probably precludes police involvement. You may have to live with the noise until you can afford to move.
House Tenants Buy Home, Cause Turmoil
Q: I am having a tenant problem with a single-family house that I rent in Woodland Hills.
I have a valid lease with the renters that expires on Aug. 31, 1991. In December of 1990, the tenants notified me that they had bought a house and were moving out at the end of February. They didn’t pay any rent for the months of January or February.
I indicated my objection but did not take any legal action to force them to comply with the lease because when they moved in I had taken a security deposit equal to two months’ rent.
Then, at the end of February they said they were having trouble closing their escrow. They said that they wanted to stay until the end of April. They paid the rent for March and I expect the April rent soon.
Assuming they move out at the end of April, how do I proceed if I cannot re-rent the house immediately? I haven’t been running ads in the newspaper because I’m not sure about their move date and they don’t want to incur the expense of such ads.
Someone told me that as long as I can find them, I can sue them at a later date for any money owed to me, and, if necessary, can have their employer garnish their wages at work. Do I sue them in small claims court (the rent is $1,850 a month), or do I wait until the house is rented again, tally up my losses and sue them in Superior Court?
A: Since your tenants are buying a house, they will be easy to find if you need to sue them, which is often a problem when suing for unpaid rent. A lawsuit, of course, should always be the last option you consider.
It will greatly benefit both you and the renters to work together to rent the house immediately after their move. You can accomplish that through your mutual cooperation in finding replacement renters and showing them the property before the move. Again, it is in your mutual interest to cooperate in these efforts.
Assuming you can’t work together, or working together doesn’t result in a new renter, you can sue the tenants for the unpaid rent in either court you have suggested, small claims or superior.
The tenants only are liable for the rent loss if you make “good faith” efforts to re-rent the house. On re-rental they are liable only for any rent you lose. In no case are they liable for the rent after the term of their lease agreement, Aug. 31, 1991.
Interest on Security Deposits a Variable
Q: I live in Long Beach and have never received any interest money on my security deposit. Does California law require landlords to pay interest on security deposits? If so, how is the interest determined?
A: California law does not require landlords to pay interest on security deposits.
The interest-on-deposits law in the city of Los Angeles was just approved last November. It requires landlords to pay to tenants 5% simple interest after five years or, at the landlord’s option, annually.
Postema is the editor of Apartment Age Magazine, a publication of the Apartment Assn. of Greater Los Angeles (AAGLA), an apartment owners’ service group. Mail your question on any aspect of apartment living to Apartment Life, AAGLA, 621 South Westmoreland Avenue, Los Angeles, California 90005-3995.
