Los Angeles, CA asked in Cannabis & Marijuana Law, Domestic Violence and Landlord - Tenant for California

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

Noise and smoke complaints nuisances against my neighbors in my apartment complex causing me emotional distress and the landlord is not on my side. The noise complaint is domestic violence and yelling too.

It would have to be over the phone to explain the situation better. I'm on a lease and can't afford to move which with the current housing market is difficult anyways and the leasing company wont let mw transfer into a different apartment building because of "different owners" so I'm forced to endure the extremely loud and hostile neighbors sounds as well as inhale an extreme amount of second hand smoke that's making me sick.

I'd also like to note thag the landlord even threatened to evict me with a 30 day notice for bringing up the complaints!

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

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.????

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.