Skip to main content

I am being served with false noise complaints

San Diego, CA |

I am being served with false noise complaints by my landlord on behalf of my neighbors...except I am not even in my unit on the dates in question. Do I have any recourse and can I sue in small claims court?

Attorney Answers 2

Posted

I do not see what you would sue for. This does not rise to the level of harassment, or any of the other headings you've tagged based on what you have presented--more facts are needed. However, since you say you're not even home during the purported noise activity--have you explained that to your landlord? If so, what was the response? Also, when you say "serve" do you mean you've been served with legal papers, or are you just talking about correspondence from your landlord? Also, what kind of noise is this? For example, if it is a dog barking, you don't need to be home for your dog to bark. If you have had discussions with your landlord and they haven't gone anywhere, then get a local lawyer to send a legal letter on your behalf to the landlord, explaining your position, and also that any further complaints have to be sent to your attorney--that usually gets their attention, and they may tend to be more judicious on what they send. Keep in mind if you're on a month to month or your lease term is otherwise coming up, your landlord can simply decide not to renew with you.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Mark as helpful

3 comments

Asker

Posted

Hi there, Thanks for the response and my apologies for my lack of knowledge. To answer your questions, the noise complaints are of "people shouting and doors slamming" and yet as I said, I am not even home. When I said served, I simply meant I have now received 2 notices from the landlord, with the threat that if a third notice is received he will give me three days notice and then evict. I would like to know what my rights are (from what I have read this interferes with my right to quiet enjoyment of my unit) and also what recourse I have. I have paid rent for a unit I do not even feel comfortable living in and it is disrupting my life. As far as renewing, I am on a year lease and really don't wish to live here a minute longer. I just want to protect myself from eviction and perhaps even recoup some of the rent I have paid since I can not even enjoy my unit at the present time.

Golnar Sargeant

Golnar Sargeant

Posted

Nuisance and Interference with the Right to Quiet Enjoyment would apply if you were complaining about noise etc. Other people's complaints do not give rise to these causes of action. If you have already explained to your landlord that you have not home during these events, and he had not backed off, then get the lawyer involved as I stated above.

Asker

Posted

Thank you for the advice.

Posted

There is no cause of action that would be recognizable in court. As to that fact that you were not in the unit on the dates of the complaints, I would differ with my Irvine colleague and keep that to myself, making sure I had something, like a receipt for drinks, stapled to the noise complaint. In the event these noise complaints turn out to be 3 day cure covenant or quit notices, or for the basis for them, I would disclose the evidence that the notices were works of pure fiction just before trial when there is a standing order to exchange evidence.

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.

Mark as helpful

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics