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Record what they are playing, and play it back super loud st 6.00 am..if they dont get the hint they are trolling you.
Become friends and hang out with them?
Lease for 10 more monthsMove
Lease for 10 more months
Move
Lease for 10 more months
If you complain to the company enough they will let you out of your lease. Why do you want to live near these people. You are making them miserable.
@gourimoko
Ive sent 10 emails and they no longer believe me bc no one else has complained. Maintenance came out and left bc the noise isn't audible from the courtyard. They didn't bother checking the unit or with me, underneath them.
I started recording them and showed screencaps of texts from other tenants and sent it in yesterday. The recordings are just ok. They either accept my evidence or they don't. I imagine I have to prove this in court to be able to be let out and my evidence isnt great
The problem is its not loud to anyone else but me. I'm the only one who shares a cieling with them.
What do you think about burden of proof of noise?Thing is, landlords ignore complaints all the time; that's why many states have adopted renters rights legislation that allows you to withhold rent. You need to send them (and yourself, but don't open it) a certified letter that expresses your intent to withhold rent immediately until the living situation at the establishment is rectified.
Give them the option to any of the following):
1) Correct the noise situation with the tenants upstairs and to respond to complaints in a timely manner (i.e. that evening);
2) Hire part-time security for the building to enforce regulations;
3) Move you into a different unit away from the problem;
4) Immediately terminate your lease with notice to vacate, transferring you to a temporary month-to-month agreement, and to refund your security deposit once you leave (which, by law, cannot be used in lieu of rent).
At that point, stop paying rent. Meaning, you don't pay February's rent. If they issue you a 3-Day Notice to Vacate, you respond, in writing that you've already given them notice to withhold rent given the conditions (you're putting the money into your account, not spending it BTW).
If they try to evict, you countersue (it's cheap, just go file) for the amount of back-rent, demonstrating to the court the landlord has been completely irresponsible and unresponsive to your complaints (given your recordings and written letters) and they'll have absolutely no case since they don't have any written response or plan of action to resolve your stated problem.
What do you think about burden of proof of noise?
Cops won't show up for noise complaints in my neighborhood. I'm recording but the app fucking sucks and doesn't pick a lot up, especially at that frequencyWell I'm no lawyer but, it is civil court, so the burden is simply the preponderance of evidence. I think evidence such as recordings and police reports would be sufficient to demonstrate the noise existed. If you posted those recordings online, like a live recording on social media; that would undeniably prove when the noise took place.
That being said, and if you can demonstrate, in writing and through the mail, repeated attempts to work with your landlord that went unanswered then they really don't have a case as it would raise the question as to why the landlord did nothing after repeated attempts on your part to rectify a supposedly nonexistent situation.
Keep in mind, that in California, as a renter, you are afforded certain rights including the right to live in your leased property without nuisance, including tnoisy neighbors. The landlord is directly responsible for the living conditions resulting from the noise created by their tenants.
If you can prove the tenants are continually making noise, and that you have repeatedly made the landlord aware and asked for resolution; then you're within your rights under California law to withhold rent until either the situation is resolved or they agree to terminate the lease.
p.s.
You shouldn't need to tell the neighbors to be quiet. It's not your responsibility to tend to them. If they are loud, record it and call the police. Record the entire time, from when the cops show up, to 45 minutes later when they get loud again.