IMPORTANT. 30 day notice for making noise in upstairs apartment?

Question

Weve been here for over 3 yrs. Dwnstrs neighbors moved in 2 mos ago. Her complaint was our noise. We make every effort to remain quiet but with the cheap building we're in, you can hear us just walking around or my little boy rolling toy cars on the kitchen floor. We dont play loud music or the like. Just basic everyday noise. She can hear everything, but thats not our fault. Granted, w/ my kids being on vacation this wk, they are up very late at night. But she can hear them walking around. Shes gone so far as to say she had to sleep in her car (lie) and even said shes heard my older sons beating my youngest (bigger lie).
Im so stressed and now we got a 30 day to move. My Q is, is there any state law (California) that can help me out? Does she have to prove Im making noise? How am I supposed to live if I gotta tip toe around in my own home?
Please, I already know how it 'should' be. I need actual legal advice.
Thank you in advance.

Answer 1

The landlord must use the court process to evict the tenant
The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. The landlord must use the court procedures.

If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if an attorney represented the tenant.

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty. The judgment against the tenant will be reported on the tenant's credit report for seven years.

In California you can only be evicted for non-payment or a crime, i dont think noise is a crime.

Answer 2

i would ask the landlord to spent the evening with your family and
let him see how much noise you make ,then ask him to talk to the lady under you ,if she heard any noise and if she did then the landlord can make his choice [it might be a good idea to ask his wife to be down stairs with the other lady so they can compare notes and make repairs that are needed to correct the problem that way everybody will be happy, don`t move without a the landlord being able to hear both sides]........

Answer 3

I don't know what you can do, but I would talk to the Landlord and remind them that you have lived there for six years, and who will this crazy car sleeping woman be able to have live above her.

Answer 4

contact legal aid of California

I know they can evict you in some states but I am not sure of California


http://www.dca.ca.gov/r_r/legalso1.htm