Bad Vibrations Come From Upstairs Renter

Robert S. Griswold | Steven R. Kellman | Ted Smith
6-July-2003 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on News Radio 600 KOGO, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

QUESTION: The upstairs tenant's child runs, drops heavy objects, bounces basketballs and jumps on the floor above me for hours. The noise has continued into late evening, which has resulted in calls to the police.

The vibrations have required an adjustment to a ceiling light fixture to prevent it from falling.

I have talked directly with the child's parent without any changes. I have written three letters to the property manager and have offered to move to an upper floor. What are my rights and next step?

ANSWER: Tenant's attorney Kellman: Tenants have the right to be free of unreasonable intrusion into their unit by excessive vibrations, smoke, fumes, odors and noise.

In multifamily housing, we are sometimes expected to put up with some of these intrusions, but not much.

Your landlord must rent to families with children. Families have the right to allow their children to play and to just do normal kid stuff, which will make some noise.

But while the law protects those families, it also protects you from an unreasonable amount of such noise.

You have put up with a lot. When the noise gets so unreasonable and excessive, especially at night, the scales of justice tip against the family upstairs.

Your landlord needs to take an active role in resolving the problem. Putting your complaint in writing was a good idea and in most cases that, coupled with calling the police, would have solved the problem.

Since you have been unsuccessful, you are now faced with either accepting the noise, moving out or taking legal action in small claims court against both the noisy neighbor and landlord.

Remember, you will need to prove the excessive noise and vibrations to the judge, so have witnesses handy who have heard it for themselves and consider using a decibel meter, available at Radio Shack, to verify the excessive noise.

Foreclosure confusion

Question: The property on which the house I rent is being foreclosed on and will be auctioned next month.

What does this mean for me and the other tenants? Will our leases be honored? If we are told to vacate the home, when will that be and how long will we have to find other homes? Where do we send our rent in the meantime? Will the gas and water, which our landlord has been responsible for, be turned off?

Landlord's attorney Smith: Real property foreclosure law states that junior liens and leases are extinguished by a foreclosure on the property. This means that your lease does not have to be honored by the bank or third party that successfully bids for and buys the property at the foreclosure sale.

The new owner may, but is not legally required to, recognize your existing rental agreement. If he or she does, you may remain in possession of the premises. Otherwise, the new owner may ask you to vacate the premises based on the foreclosure. You will receive due process by receiving a notice to vacate and then, if you fail to comply, an eviction lawsuit.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 2003 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com