Palmdale, CA asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for California

Q: I live in Hud apartments for seniors and disabled, someone new have moved in the apartment over me. He stomps not walk

I have informed the manager of the problem and she told me to talk to me ? and to write her a letter about the matter and drop in the night box for the building. I did the first letter 12-1-20 and the second letter 12-7-20. This man only stomps over my bedroom and drops things on the floor and hit the wall. The manager said he was a nice man and walks with a walker, he does not walk with a walker, he walks fast and stomps not walk, only over my bedroom. What can I do to get some help with this problem ?

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I suggest you go up and introduce yourself to your new neighbor. In as friendly a manner as possible, let him know you are his downstairs neighbor. You might ask if he has difficulty moving around in his apartment as it sometimes sounds like he is making stomping noises that can be quite startling, especially late at night. Let him know in as non-confrontational manner as you can, what the experience is like for you. Certainly you don't want him thinking he has to walk on egg shells, but ask him to be considerate of your needs for peace and quiet as well. If he is a reasonable person, perhaps this kind of "ice breaker" will help him be a good neighbor to you.

If that doesn't work out for you, you can go back to your landlord and explain the problems you continue to have. If possible, have another neighbor come over and witness the same things you have been experiencing. If you can, try to record the sounds you hear when it is at its worst. If you have a cell phone handy, you can easily record a short video of yourself and the noises as they happen. You can then use that as evidence to support you when you take your concerns to the landlord. You are entitled to the quiet enjoyment of your residence, so if your new upstairs neighbor is not receptive to your needs, you can inform your landlord that you may be forced to seek legal assistance to compel the landlord to provide you with the quiet enjoyment of your own rental unit. There may even be an attorney's fees provision in your lease or rental agreement, in the event you need to seek legal help to protect your right to the quiet enjoyment of your property. If you do need legal assistance, you can go to the Los Angeles County Bar Association's website (LACBA.org) and look for their lawyer's referral service (LRS) to help you find the right lawyer for you.

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