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How to deal with a noise complaint? Ask the lawyer

April 4, 2023

Q: We live in a nice neighborhood. Noise has never been an issue — until the house next door was rented to a family that parties. Those parties go well into the night at any given time, including after 10 p.m. We have reached out to them, to the owner of the house and to the police, so far to no avail. What can we do to get peace and quiet?

P.S., San Pedro

A: California Health & Safety Code Section 46000 provides: “(f) All Californians are entitled to a peaceful and quiet enjoyment without the intrusion of noise which may be hazardous to their health or welfare.” If the noise is objectively unreasonable, you may have grounds to seek an injunction in court (to stop the offensive noise) and to pursue damages under the legal doctrine of nuisance (e.g., Civil Code Section 3479).

The city and/or county where you live may also have a noise ordinance, which sets forth when noise is to stop. Your boisterous neighbors may be breaching that ordinance, thereby violating the law. Under the guidelines of California Penal Code Section 415, it is illegal (i.e., a crime) for a resident to knowingly create loud and unreasonable noises as a means of disturbing another. Unnecessary noise can arise at any time, and punishment can include imprisonment and/or a fine.

It may be most prudent now to sit down and go over the situation with a lawyer. Your lawyer can address your options, pros and cons, and could write at least a firm letter that might finally get the neighbor to knock off the loud noise. A copy of that letter could also go to the owner of the property, to put them on notice of any responsibility they may have. Ultimately, a court action (I am sad to say) might be necessary against the neighbors. You would seek to abate (restrain) the nuisance, and as noted above, you may seek damages as well.

Lastly, is the noise such that it disrupts not just your peace and quiet, but also others in the neighborhood? If so, pooling resources may be a practical approach.

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Q: We live in an apartment complex. There is one tenant who is a “mean drunk.” At times,he is belligerent and out of control. We have two kids, both under the age of 10. They are afraid of this man. We are concerned he may cause harm — not just to himself but also to others and the property. The landlord has spoken with him but his behavior persists. Can the landlord be held liable if someone or something is now injured or damaged by this derelict?

S.J., Tustin

A: Your rental agreement (and his) probably has language that prohibits the drunken tenant’s misconduct. The landlord therefore could have a basis to evict him. Moreover, you indicate the landlord knows about the misconduct. Thus, if it continues, and the landlord is found not to have acted responsibly to get it to stop or mitigate it, or otherwise taken steps so that others there (like you and your kids) are relieved of the fear and stress, there is potential liability for the landlord.

The landlord has a duty to provide quiet enjoyment for you. The landlord is not treated as a “super protector” by the law, but in the circumstances you describe, it would behoove the landlord to remedy the matter. As things stand, the landlord knows or ought to know that harm to person and/or property is foreseeable.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.

Orange County Register

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How to deal with a noise complaint? Ask the lawyer

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