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Would the following be grounds for eviction? (Noise issues).

San Francisco, CA |

My roommate is alleging that I make too much noise when I go into the kitchen in the middle of the night to make food because I have weird sleep hours, and I'm usually hungry in the middle of the night. I try to be as quiet as I can, but some things I just can't help (such as the sound of water running if I need to wash a plate, or the sound of the oven door opening, a drawer opening, or my footsteps.) He's also alleging that it's causing him to lose sleep. He has threatened to tell the landlord if I make this kind of noise again, which again, I try not to, but I don't want to be afraid to go into the kitchen to make food when I'm hungry in the middle of the night. (Making food usually consists of heating something up in the oven). Is this type of thing grounds for eviction?

I live in a rent controlled apartment. I have read what the grounds for eviction are in San Francisco, but a lot of it is pretty broad and subjective and written in ways that I don't really understand. So, I was wondering if I could get a "normal" person's explanation to this sometimes it's difficult to understand the lawyer explanation of this. No offense. I'm just not as smart as a lot of you, and it's hard for me to understand some of the legal explanations the way they are sometimes presented on here. I guess the main question in my post is if my landlord can claim this is a nuisance since my roommate is alleging that the noise I'm making is causing him to lose sleep. Or is this something that the roommate can solve by using earplugs, and I shouldn't worry about it? I try to be considerate, but I don't want to have to be restricted as to when I can make food when I get hungry.

Attorney Answers 2


One tenant may not evict another. Only the person from whom you derive possession (the landlord) can do so. E.A.R. ear plugs, 33 decibel sound reduction comes in a box of 250 through amazon. Early christmas present?

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.

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Thanks, but I already know only the landlord can evict me. I'm asking if what I described could be grounds for eviction if the roommate complains to my landlord, and the landlord decides to take action.


In my judgment, the roommate has no legal complaint here. Roommates must expect that they will each be subject to the reasonable noise created by another person living in the apartment, and the normal noise of going in the kitchen and heating something up, etc., is not unreasonable and would be within the expectation that you have when you room with someone else.

If your roommate is the only real tenant, and you are subleasing from him, then he may have general rights to remove you, which would be detemined mostly by the agreements you have made with him.

In general, when two people co-lease -- that is, each is on the agreement with the landlord -- the only person who could evict one person would be the landlord.

The overlay of SF rules on this situation is complex. I would recommend a consultation with a SF tenancy and eviction lawyer.

Review of documents, review of facts with clients, and specific application of legal doctrines to the existing facts are necessary for specific advice. The foregoing is a general indication; no attorney client relationship is thereby created.

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