Noise problems can require a mutual solution

Living in multiunit housing is sometimes frustrating. Annoying sounds, such as blasting stereos or late-night partying, can cause friction. Finding your parking space occupied by a stranger’s car can be irritating, as is having to step over junk mail tossed on the ground.

According to 2000 census figures, 31.4% of housing units in California are multifamily dwellings. With an estimated population of 35 million people, that’s a lot of neighbors to potentially annoy each other.

Tenants have the right to “quiet use and enjoyment” of their places. So what does a tenant do when that peace or sensibility is disturbed? It depends on the disturbance.

Some offenses require the landlord to step in. Anything that breaks a law or affects the common area is prime landlord problem-solving territory. In extreme cases, evictions based on severe nuisance, such as drug dealing, may be filed.

Other problems, such as littering or leaving clothes in the laundry for days, are also the landlord’s duty to correct. Most leases have some language requiring tenants to “not violate or commit any waste, damage to, or nuisance in or about the premises or in any way annoy any other renter.” Evictions based on noise are difficult to implement.

Parking space allotments, which are usually assigned by the owner and detailed in a lease, should be enforced. Violations of health and safety laws should also be brought to the landlord’s attention.

What about problems between individuals? Noise between units is best resolved, if possible, by the tenants involved. First, apply some common sense. Because the neighbors have not heard the stereo from above, they may be unaware of the noise problem. Communicate the problem calmly.

A good test is to switch units for a few minutes. Perhaps the upstairs neighbor doesn’t realize how intensely the sound travels. The lower unit may not understand the hardship of tiptoeing constantly. If you can, ask the offending neighbor for a chance to demonstrate the sound from your location.

Try the test on a mutually agreed upon and quiet afternoon. Use a phone so you can communicate at the same time. Approach this as solving a problem by mutual understanding.

If you live above, first put on the stereo or television to the level you normally use. Then go to your neighbor’s place and shut the door. Stop and listen. Can you hear your music? Call your place and have them walk, with and without shoes. Anything noticeable? Hopefully this exercise will give both parties an understanding of noise levels.

Even if you can agree to a level of noise, there may be another problem that cannot be solved. Everyone has different levels of sound sensitivities and abilities to be quiet. Walking on hardwood may sound like a train overhead to some and be barely noticeable to others.

If you are sound sensitive, check the unit’s noise level and decide if it’s tolerable for your lifestyle before you rent. If you’re noisy, seek a place on a lower floor or away from other people.

Before you rent, decide where you need the most peace and quiet, the bedroom usually, and ask what is on the other side. Back-to-back living rooms are usually less bothersome than bedrooms. Some leases require tenants in units with hardwood to cover the living area with carpet to muffle the sound.

If the noise problem cannot be resolved, mediation services are available through public agencies. An overview can be found at www.dca.ca.gov under “mediation services.”

If mediation is not agreeable, once your lease has expired you have the option of moving out with a 30-day written notice. Check your lease for details. If it’s lost, you have the right to request a new copy from the landlord a maximum of once a year.

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