So I live by SDSU in a pretty fancy apartment complex. It's more family oriented so we choose to party at friends houses instead of here. But now we're getting all of these noise complaints for talking too loud, listening to music in the middle of the afternoon, and other trivial stuff. And once I was on my balcony around 2AM and the manager comes home from the club all full of liquid courage ready to tell us off, so i called her a ***** (wrong move, I know). But you cannot get evicted for that can you? I was under the impression that as long as we pay all of our bills on time ($2000 for a 3-bedroom) we have to be doing some pretty outrageous stuff to get the boot for real. But then we got a big scary letter from their lawyers saying eviction this, sherrif's department that. Basically a scare tactic. So we have tried to be quiet but now I'm all self-concious over every little noise. Anyone with experience in CA eviction laws have any thoughts?
2006-10-14 03:17:00 · 5 answers · asked by MadMartigan 1 in Politics & Government ➔ Law & Ethics
here u go hon.. im from maryland but i went and found this site for you.. good luck with that.. u reacted the same way i would have..
2006-10-14 03:21:22 · answer #1 · answered by TwigEboneS 2 · 1⤊ 0⤋
I was reading the CA law for tenents and it is much the same for Michigan where I live. If it is written in your rental agreement of lease that it must be quiet then your landlord does have to give you a warning before proceeding with an eviction. If your landlord serves with an eviction notice and you have done nothing wrong do not sit there and do nothing about it, fight it. As long as there is nothing in your rental agreement about noise then your landlord can not do much. If there is a noise ordinance then the law will step in.
Go to the website the other poster gave you there is a lot of information there.
2006-10-14 03:40:46 · answer #2 · answered by miamac49616 4 · 0⤊ 0⤋
Well, calling the landlord a ***** is a problem. It could be a simple disturbing the peace or even battery.
Your true problem is when you signed your lease or rental agreement you agreed to abide by the rules of the complex as well as State, County, and San Diego statutes... The link posted by the other answerer was sound.
The noise issue can be determined by the management to be a violation of your agreement... allowing them to terminate your lease and commence eviction proceedings.
We just did it in my complex... no police reports, just sufficient complaints from other residents... file with the courts, and she is gone.
2006-10-14 03:41:42 · answer #3 · answered by mariner31 7 · 0⤊ 0⤋
Most states have a basic landlord tennant law, look for it on the web. In most cases the landlord can evict you for NO reason, but the eviction must follow the law, which allows you a hearing in front of a judge. At that time you can present your case, and the landlord his/hers, at which time the judge will decide who wins. Pack warm clothes, the weather is turning cold.....
2006-10-14 03:33:41 · answer #4 · answered by Gunny T 6 · 0⤊ 0⤋
Consult a lawyer regarding this matter and bring a copy of your signed contract between you and your landlord. And also get some info from the sheriff's dept. so that you will know your move towards your landlady. She will think that you know some laws regarding this matter.
2006-10-14 03:27:02 · answer #5 · answered by alexcruz56 2 · 0⤊ 0⤋