What to Do When Noise Becomes Intolerable

What to Do When Noise Becomes Intolerable

24-Aug-1997 Sunday
(Page H-6 )

Robert Griswold | Steven R. Kellman | Ted Smith
This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of KSDO Radio's "Real Estate Today!" (Saturdays, 2-3 p.m., AM 1130) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: I have a problem with a very noisy neighbor. I was recently informed by the local police emergency response dispatcher that I should not be calling them until I have taken certain other steps. Namely, I should first speak to the neighbor; if that doesn't work then talk to the landlord, and then as the last resort call the police. What are your thoughts on this advice?

A: Griswold: From a practical standpoint, I would agree with the advice of the dispatcher. Communication at the early stages of any problem is important, particularly a potentially sensitive issue like excessive noise and loud music.

It may be too late for you with this particular neighbor, but I recommend that the first time the noise becomes a concern you contact the neighbor directly and speak with him or her politely. Chances are you will both be calm. It is always possible that your neighbor is not aware of how disturbing his or her behavior is and that he or she can be more sensitive to your concerns, or you can agree as to certain time parameters or (if music is the culprit) what is an acceptable volume level.

The typical response when confronted with a noisy neighbor is to ignore the problem the first few times assuming that it is an anomaly. But if it continues, your patience is gone, and you are compelled to bang on the floor, wall, etc., or take some other harsh action. Obviously, at this point you are very frustrated and the odds of calmly resolving the matter without future escalation or retaliation is more difficult.

If the noise continues, you should immediately notify the on-site manager or owner of your property and make a formal written complaint. The on-site manager or owner may be able to resolve the issue or could attempt to mediate by asking for a meeting with all parties to reach an understanding.

Sometimes we are tempted to complain anonymously, but remember that written documentation is very important and ultimately is for your benefit as it provides the necessary documentation should legal action be required.

Some area cities (e.g. city of San Diego) have special noise abatement departments where you can file complaints and they will investigate. Should the noise abatement investigator or your local law enforcement agency make a report or file an official complaint against your neighbor, this independent documentation can be very helpful to the owner or manager. It is also critical in the event that you seek legal action against the neighbor or in the event that the noise continues incessantly and you are forced to seek the termination of your lease prior to expiration based on a breach of the quiet enjoyment clause contained in most leases.

Kellman: From a legal standpoint, noise problems between neighbors can be very troublesome. Calling the police was a responsible thing to do, but if you don't take proper steps first, the police are put in a difficult position when the noisy person simply denies the noise. It is then your word against theirs.

To best resolve the problem, you first need to be sure the sound type and level is enough to warrant legal action. One person's loud noise may be another's mellow music. Who is right and what do you do?

First, get an objective opinion from a witness to confirm your annoyance. If your feelings are shared by independent witnesses, action should be taken. As Mr. Griswold suggests, try and resolve the matter on your own by simply contacting the people making the noise or meeting with them and the on-site manager or owner present.

Many times the problem will end there.

If not, the next step is to document the problem. Make a log of occurrences by date and time. Send a letter to the person asking for his or her cooperation. If you both live in the same rental complex, the landlord may get involved in order to preserve peace and quiet for all the residents.

If all else fails, call the police, armed with your record of attempts to resolve the matter, including your log, letter and witness name. Once presented to the officer, expect some speedy action on your behalf.

Must both of us pay?

Q: We are a married couple relocating from the East Coast. While shopping for an apartment here in San Diego, we were surprised at the different policies for rental applications. At some apartment communities a single application for both of us was required, while at other properties they required two separate rental applications with two separate fees. What is the proper legal procedure concerning rental applications and screening fees for married couples in California?

A: Smith: In California, each apartment community has the right to establish its own rental selection criteria. Resident selection policies can vary, but standards must be nondiscriminatory.

A new law, effective Jan. 1, has cleared up some confusion surrounding tenant application fees and has added additional requirements for owners and managers of rental property.

Landlords are allowed to collect up to $30 per application for rental. Marital status is not recognized as a reason to discriminate, so the $30 limit per person is to be applied across the board, married and single alike.

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 191, San Diego, CA 92112. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1997 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.

FHEO Logo

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