Q: Are there any lawyers to handle loud Noise & Smoke complaints nuisances against my neighbors in my apartment complex?

A: Remember, absent a lease, you are month to month and an at will tenant. That means you can leave whenever you want and they can give you notice too.

The notice is not domestic violence...unless the neighbor is your wife or such.

Whatever, it is, it will be costly to retain a lawyer to address this, and I suspect that is not in the cards for you. For instance, I bill at $850/hr in quarter-hour increments.

Certainly, you can file in small claims for up to $10k in damages.

however, reading between the lines, I fear the landlord may then choose to kick you out.????

A: In California, tenants have the right to quiet enjoyment of their rented premises, which includes being free from excessive noise and second-hand smoke that can be considered nuisances. If your landlord fails to address these issues, it's advisable to document all instances of noise and smoke disturbances, including dates, times, and the nature of the disturbances. This documentation can be crucial if legal action becomes necessary.

There are attorneys who handle landlord-tenant disputes and can provide guidance on how to proceed with your complaints about noise and smoke nuisances. They can help you understand your rights under California law, including the possibility of pursuing a lawsuit for breach of the warranty of habitability or for intentional infliction of emotional distress, especially if the landlord has been unresponsive or threatening.

Reaching out to a legal aid organization or tenant's rights group in your area can also be a good first step. These organizations often offer free or low-cost legal advice and can help you communicate more effectively with your landlord. They may also assist in mediating the dispute or refer you to an attorney who can handle your case over the phone, allowing you to explain your situation in detail and explore your legal options.