Skip to main content

When does the line get crossed from just being a bad roommate to being a nuisance.

San Francisco, CA |

I'm just looking for some general examples here of what would be things that would be actual nuisances rather than just symptoms of being a bad roommate, but nothing that would rise to the level of a nuisance?

+ Read More

Attorney answers 2

Posted

A roommate situation is not really a "nuisance" issue. A nuisance is when someone is doing something they don't have the legal right to do and it causes you to be deprived of the joy of your living space. Such as someone playing amplified music against local ordinances, drag racing in an area not zoned for the same, smoking when the smoke enters the property of another (when against local ordinances) etc.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Asker

Posted

What is you're in a situation where you live in an apartment that has really bad insulation, so normal or even quiet noises sound louder than they should, and roommates complain that you're playing your music or TV too loud at night when you're playing it at a reasonable volume, but it just sound louder because of the poor insulation. Is that your fault, or is it the responsibility of the landlord to fix the insulation issue?

Golnar Sargeant

Golnar Sargeant

Posted

The landlord is not going to change the insulation for you. If you are on the lease, read it to see when it ends and what notice you have to give, and plan your exit. If you are not on the lease, work your exit out with your roommates (the one on the lease).

Asker

Posted

Are you saying that the roommate who has problems with the noise should be kicked out, or that the roommate who is playing his TV or stereo at night (but at reasonable volume) should be evicted?

Asker

Posted

Edit: I meant to say, "Are you saying that the roommate who has problems with the noise should leave (not get kicked out)?

Golnar Sargeant

Golnar Sargeant

Posted

I can't decide what should happen. I'm saying it's not a good living situation and you need to work an option out.

Asker

Posted

Are you assuming that I'm the one who has issues with the noise?

Golnar Sargeant

Golnar Sargeant

Posted

I'm not assuming anything. It has no relevance to my answer.

Asker

Posted

Is it a bad living situation for the person who has issues with the noise, and they should move out. Or should the person making the noise, which is reasonable, but sounds louder be evicted?

Golnar Sargeant

Golnar Sargeant

Posted

I already told you I can't answer that. It is not a legal question. Whomever is moving out, if they are on the lease, they're going to have to work it out with the landlord. If they are not on the lease, then it's a contractual issue between the roommates per my original response to you. You can not decide who gets "evicted"--that's up to the landlord.

Posted

As an initial matter, the term nuisance usually isn't applied in roommate situations. However if the roommate's activities are conducted without permission and effectively deny you the use or occupation of the property, then you could have other civil claims. That said, you should probably just sit down with your roommate and work things out. If the roommate is not creating a dangerous situation for you or others it probably isn't worth your time or money to drag things into court.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer