Is excessive squeaking while walking from upstairs considered something that conflicts with my right to "quiet enjoyment"?

My unit was recently reconstructed after a leaking roof caused water damage from the 3rd floor down to ours on the second floor. Our entire ceiling was damaged as was the unit above ours top to bottom. They replaced everything, walls, ceiling and the 3rd floor floor above us. Now we hear EVERY step they take ( we had previously heard nothing in the 6months we lived here, very quiet). It's loud and keeps us up at night. The walls rattle at times. Feels like insulation was not put in or the sub floor was not installed properly. Does my landlord have to fix this since it is now a problem and is impacting our ability to sleep and enjoy the unit?

San Jose, CA -

Attorney Answers (1)

Stephen Ross Cohen

Stephen Ross Cohen

Real Estate Attorney - Rancho Palos Verdes, CA

Interesting question, tape record your room at night and ask a neighbor on the same floor as you to tape record their room. Is there a great difference in sounds? Did the people above you have a carpet previously? Is there a way to check the subflooring in the two units to see if there is a difference?

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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