Is it a violation of my "Quiet Enjoyment" if another tenant disrupts me at night on a daily basis?

I have attempted to work through the issue with the landlord about another tenant waking me up on daily basis between (12:00am-2am) when they arrive back on the property after work. Their garage is located under my bedroom and they use the remote to lock their car activating the horn. This tenant has also played music loudly, banged their car door on the wall, and began using the garage door which slams closed at night when I try to sleep. Is this a violation of my "Quiet Enjoyment" ? I reside in California, does California Civil Code, § 1927 apply here and can I realistically invoke "Constructive Eviction"? This has been transpiring for three months and continues without a realistic solution from the landlord who I have had numerous conversations with to no avail.

Redondo Beach, CA -

Attorney Answers (2)

William Stanley Fitch

William Stanley Fitch

Landlord / Tenant Lawyer - Chino Hills, CA
Answered

Quiet Enjoyment has nothing to do with noise. Quiet enjoyment means the landlord will not take action to remove you from possession. If you're on a month to month tenancy, give your notice and move in thirty days. If you're on a lease (I wonder why) you're in a position where you'll have to convince the landlord that it would be in their best interest to release you from that lease.

A proper response would require a thorough investigation into the history and background of this relationship.... more
Marcus William Morales

Marcus William Morales

Family Law Attorney - Santa Barbara, CA
Answered

Talk to your landlord and attempt to get out of your lease early.

www.marcusmoraleslaw.com

All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied... more

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