Q: We live in a nice neighborhood, and are raising two young kids (ages 7 and 10) who are in bed by 9 p.m. Our next door neighbors rented out their home and the tenants are very noisy, sometimes well into the night (music, partying, that kind of thing). What can we do to nip this in the bud?
P.M., Seal Beach
Ron Sokol
A: We are all entitled to the quiet enjoyment of our residence (California Health & Safety Code Section 46000). Noise that genuinely interferes with that quiet enjoyment can include loud music or television, loud parties or gatherings, barking dogs, home improvement activities, and even excessive noise from an appliance.
California Penal Code Section 415 also makes it illegal for any resident to knowingly create loud and unreasonable noises as a means of disturbing another. As such, there can even be criminal prosecution for excessively loud noise.
You can start by communicating with the person(s) who can control the situation. Often, this is best done in a courteous manner, which includes a written request to quiet down (not just verbal). A writing helps to establish a record, as opposed to just saying you told the person(s). In your situation, that means communicating with both the people living there and the landlord, who owns the home. The rental agreement likely prohibits the tenants acting in an unruly manner; that could be a breach of the agreement, and the landlord then has a right to end the tenancy. If the landlord does not get them under control, and should you pursue a lawsuit, the landlord may also be named.
You can reach out to law enforcement as well. In addition, keep a log of the circumstances. Retaining a lawyer may be, or may become, prudent. He or she can write a demand (in other words, a cease and desist) letter. Legal action ultimately can be taken in Court to seek abatement of the noise, as well as to possibly recover damages.
Note that many counties have regulations with regard to noise, noise level and exceptions thereto. Thus, you should check to see if your county of residence has any such regulations, which may be another step toward the goal of getting the offending noise to cease.
Q: Our neighbor is remodeling his home. Unfortunately, the crew doing the work starts early and is very loud. I work from home and the noise is just way too much. I talked with the guys but they have not stopped. I reached out to the neighbor and while he is a nice person, he just shrugged his shoulders. Any suggestions?
H.F., Manhattan Beach
A: Some noise is inevitable, and this can include construction work. As noted above, California cities and counties often have in place local laws that seek to provide some protection from excessive and/or untimely noise. An online search may lead you to the regulations in your locale.
Research indicates that most local rules set forth “quiet times” during which loud noises are prohibited, such as from 11 p.m. to 7 or 8 a.m. on weekdays, and 11 p.m. or midnight until 8 to 10 a.m. on Sundays and holidays.
If the noise is so bad, tape it to have proof. You can try law enforcement, but my thought is get a lawyer. Also, I don’t suppose your neighbor would pay to put you up in a suitable, temporary hotel or similar living arrangement until the racket is over?
I also have read that you may be able to seek damages in small claims court for the disruption caused by the noise. Small claims court is not in a position to issue a restraining order against the noise, but might provide a practical recourse to get your neighbor to do something much more productive than just shrugging his shoulders.
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.
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