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My friend's neighbor is complaining about the music noise. Is it there a certain level of music or time he can paly?

Encinitas, CA |

My friend has a private studio in his room at an apartment where his friend and he make music in. He restrict the time to play the music between 11 am and 6 pm, but this neighbor works overnight so he's complaining about the noise during the day time. My friend is trying to play the music as small volume as he could but the neighbor doesn't seem to be satisfied, and the landlord told my friend that he's not supposed to have any kind of studio in his apartment. Is there any law or penal code that specifies regarding the noise made during the reasonable hours or level? Thank you so much!!

Attorney Answers 3

Posted

There is no specific law in California which establishes the decibel level for noise.

However, the landlord is probably correct that a tenant cannot conduct business within a residential apartment, and having a music studio would constitute having a business.

Moreover, the landlord has a duty to ensure quiet enjoyment for all tenants within the apartment building.

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Posted

There are questions as to whether this music studio is authorized by local zoning/use regulations. If it is not, then it may not be appropriate to have a studio there. Regardless of the law, you should try to find a way to work this out without the law. It would be hard to believe that this studio would be worth the hundreds or thousands to prove your rights in court. If it is, then find another place to live.

This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

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1 lawyer agrees

Posted

Depends on your zoning - see http://www.sdcounty.ca.gov/dplu/docs/NO-404.pdf .

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