Quiet Enjoyment Between Neighbors

In all residential agreements, you are entitled to peaceful and quiet enjoyment of your home. This can include rights within the home as well as a right against outside interferences. Most often however, noise is cause for conflict among neighbors.

Excessive noise may impact a person's health and well being according to the California Health and Safety Code and as such, the state has taken measures to protect its citizens against excessive noise. The California Noise Control Act of 1973 sets forth the power to enact noise ordinances with a goal of prohibiting unnecessary, dangerous, or even annoying noises.

For apartment complexes, cities often restrict loud noises that may be audible across common walls, floors or ceilings. Lease agreements may include specifics on noise violations and their subsequent repercussions, which may compliance or vacating the premises.

Further, there are local noise laws that instill quiet hours, restrict loud vehicle noises (examples include running motorcycle engines) as well as limiting barking dogs.

Generally unreasonable noises that are prolonged and disturbing are most often actionable and if done deliberately, may also be an act of disorderly conduct.

Do you have questions regarding your quiet enjoyment? If so, please contact Aziz Legal by phone at (408) 203-4627 or email us at abid@azizlegal.com.

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.