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

San Jose, CA |

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?

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Attorney answers 1


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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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