Location: California
I live in an rental apartment community and received a note outside my apartment threatening to sue over noise disturbances.
I do not have any visitors/ kids or pets or party late at night. The apartment building is pretty old.
I want to know if this is anything serious to consider and what’s the right thing to do?
Content of the note I received :
“This area has quiet hours which are from 10 PM – 8 AM. You are loud + disruptive to a Penal Code of “peaceful enjoyment.” You have people living both under & above you + nextdoor! If you continue to be so loud, I will proceed w/ taking legal action. I will prepare to have you in a small claims court & w/ videos of your loud noises as evidence. Please be quiet!”
Comments
For what amount? What are they going to bring to court to prove their case? They should be taking the issue to your landlord, and calling the police, if they feel necessary, to report noise issues.
>You are loud + disruptive to a Penal Code of “peaceful enjoyment”
Your neighbor is mixing up several different principles and categories of law.
They can complain to your landlord, of course, and you can be given a notice of violation. You can dispute that, with the straightforward defenses of “it wasn’t me”, and “I didn’t do that”.
Residential noise is a municipal ordinance violation, not a penal code crime. Unless it escalates into disorderly conduct, which would be attended by police.
>”peaceful enjoyment”
You and your neighbors all benefit from the implied “covenant of quiet enjoyment” that means that your landlord can’t use your rented property for their own purposes. It has little to do with noise, and nothing to do with a dispute between neighbors.
>have you in small claims court
I admit I don’t know if a California small claims court can even handle a “private nuisance” lawsuit.
I think you should handle this by giving the note to your landlord, with a concise statement that you don’t make excessive noise during quiet hours.