Q: what are my rights as a tenant from accused noise complaints

A: As a tenant in California, you have certain rights when it comes to noise complaints, even if you were not at home when the alleged noise occurred:

1. Right to due process: Your landlord must follow proper legal procedures before taking any action against you, such as issuing a notice or attempting to evict you.

2. Right to evidence: You have the right to see any evidence of the alleged noise complaint, such as witness statements, police reports, or recordings.

3. Right to defend yourself: You have the right to respond to the allegations and provide your own evidence or explanation, such as proof that you were not home at the time of the complaint.

4. Right to quiet enjoyment: California law requires landlords to ensure that tenants can peacefully enjoy their rental unit. If other tenants are causing excessive noise, your landlord should address the issue.

5. Protection against retaliation: Your landlord cannot evict you or take other retaliatory actions solely because you have made a complaint or exercised your legal rights as a tenant.

If you believe that the noise complaint against you is unfounded or that your landlord is not following proper procedures, consider the following steps:

1. Document any interactions with your landlord and gather evidence to support your case.

2. Try to resolve the issue directly with your landlord through open communication.

3. If the issue persists, consider seeking help from a local tenants' rights organization or legal aid office.

4. In extreme cases, you may need to defend yourself in court if your landlord attempts to evict you based on the noise complaint.

Remember, while you have rights as a tenant, you also have the responsibility to be a good neighbor and not cause excessive noise that disturbs others.