What are my legal options regarding neighbor noise disturbances and landlord inaction in CA?

Question

Since September 2024, I have endured persistent noise disturbances from my upstairs neighbor which include amplified music and vibrating bass that are audible and physically felt in my unit. Loud objects are frequently dropped or thrown on the floors above, and these disruptions often occur past the City of West Hollywood’s "quiet hours" (10 PM - 8 AM) noise ordinance. The building has thin flooring and walls; despite my repeated requests, the landlord has not taken action to implement soundproof measures such as rugs or padding. These disruptions have caused chronic sleep deprivation, stress, and physical fatigue, making my apartment uninhabitable for the past six months. Despite multiple reports to my landlord starting in November 2024, and attempts at mediation offered by the city, the neighbor canceled the mediation and my landlord has refused to take meaningful action. I have documented the disturbances and communicated with my landlord, who acknowledges the issue but has expressed a desire for me to remain as a tenant and does not wish to terminate my lease early without penalty. The city has deferred the responsibility of resolution primarily to my landlord although they haven't provided further guidance despite my repeated requests. Given the circumstances, what are my legal options against my landlord and tenant?

James L. Arrasmith · Answer

You may have several legal options under California law for addressing your situation. In California, landlords have an obligation to provide tenants with a habitable living space, which includes ensuring that the premises are free from unreasonable disturbances that affect your quality of life. Chronic noise disturbances that interfere with your ability to sleep or cause physical distress could be a violation of this implied warranty of habitability. 
 
If your landlord has failed to address the noise problem despite being made aware of it, you may be able to pursue a claim for breach of the warranty of habitability. This could involve requesting repairs, such as soundproofing, or, if the situation remains unresolved, you might have the option to withhold rent or even break your lease without penalty, depending on the severity of the disruption and the extent to which the landlord has neglected their responsibilities. 
 
You also have the option to file a formal complaint with the California Department of Consumer Affairs or seek legal action for nuisance if the noise persists and is disruptive beyond what is acceptable under local ordinances. Additionally, it may be worth exploring small claims court if your stress, fatigue, or other harm can be documented as a result of your landlord’s inaction. Keep in mind that while mediation can be helpful, your landlord’s failure to resolve the issue may strengthen your case for legal action.

Q: What are my legal options regarding neighbor noise disturbances and landlord inaction in CA?