Tenants Rights for quality of life disruptions due to the tenants who live above me.
Thanks for using Avvo. Please note that I am not licensed to practice law in the state of California. Due to the high volume of questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help.
Most leases have a written clause that deals with appropriate noise levels and if you have already confronted the neighbor and the noise is still a problem you should bring this to the attention of your landlord. Be sure to document the noise.
Attached is a web link to access information on landlord tenant law and other housing issues.
You should consult a top Avvo-rated lawyer in your area. Good luck.
Personal Injury Lawyer
Every lease contains an implied covenant of quiet enjoyment. In other words, the landlord has contracted to provide you with the exclusive use and possession of the unit you are renting. A landlord's act or omission that substantially interferes with your ability to use your premises is a breach of the covenant of quiet enjoyment. However, minor annoyances do not constitute a breach. Thus, if the noise you're complaining of is the typical walking and occasional loud bumps and thuds that all tenants in the City are subjected to, then it is not a breach. However, if something more substantial is taking place, you may have a claim against the landlord. Just because the landlord says it's not their problem, doesn't mean that's true. Feel free to contact me with further questions.
Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.