Does "The Right to Quiet Enjoyment" only apply to the landlord?

Asked almost 2 years ago - Alamo, CA

I have lived in my apartment for almost 20 year and recently a couple with 2 small children moved upstairs. I have had problems with them since day one. I have reported the excessive noise several times to the property manager and the noise continues. Running, stomping, jumping, banging, screaming and loud music all day and night. What are my rights, if any?

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  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . Under California law, all leases have the implied covenant of "quiet enjoyment". (California Civil Code, § 1927). The landlord (and management company) has the duty to preserve the quiet enjoyment of all tenants. (Davis v. Gomez (1989) 207 Cal.App.3d 1401, 1404.)

    The concept of a “constructive eviction” exists under the rubric of a breach of the covenant of quiet enjoyment that is implied in every rental agreement. (Stoiber v Honeychuck (1980) 101 Cal.App.3d 903, 925–926.)

    Substantial interference is required to establish a breach of quiet enjoyment. An interference by the landlord "by which the tenant is deprived of the beneficial enjoyment of the premises amounts to a constructive eviction if the tenant so elects and surrenders possession, and the tenant will not be liable for rentals for the portion of the term following his eviction." (Kulawitz v. Pacific Paper Co. (1944) 25 Cal.2d 664, 670.)

    Minor inconveniences and annoyances are not actionable breaches of the implied covenant of quiet enjoyment. To be actionable, the landlord's act or omission must substantially interfere with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy. (Petroleum Collections Inc. v. Swords (1975) 48 Cal.App.3d 841, 846.)

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Michael Charles Doland

    Contributor Level 20

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    Answered . The right to quiet enjoyment is not the same as the right to enjoy peace and quiet. It means, instead, that no one will challenge your right to possession of the leased premises. You could try a lawsuit for nuisance.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more

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