Q: We live in a nice neighborhood. Noise has never been an issue — until the house next door was rented to a family that parties. Those parties go well into the night at any given time, including after 10 p.m. We have reached out to them, to the owner of the house and to the police, so far to no avail. What can we do to get peace and quiet?
P.S., San Pedro
A: California Health & Safety Code Section 46000 provides: “(f) All Californians are entitled to a peaceful and quiet enjoyment without the intrusion of noise which may be hazardous to their health or welfare.” If the noise is objectively unreasonable, you may have grounds to seek an injunction in court (to stop the offensive noise) and to pursue damages under the legal doctrine of nuisance (e.g., Civil Code Section 3479).
The city and/or county where you live may also have a noise ordinance, which sets forth when noise is to stop. Your boisterous neighbors may be breaching that ordinance, thereby violating the law. Under the guidelines of California Penal Code Section 415, it is illegal (i.e., a crime) for a resident to knowingly create loud and unreasonable noises as a means of disturbing another. Unnecessary noise can arise at any time, and punishment can include imprisonment and/or a fine.
It may be most prudent now to sit down and go over the situation with a lawyer. Your lawyer can address your options, pros and cons, and could write at least a firm letter that might finally get the neighbor to knock off the loud noise. A copy of that letter could also go to the owner of the property, to put them on notice of any responsibility they may have. Ultimately, a court action (I am sad to say) might be necessary against the neighbors. You would seek to abate (restrain) the nuisance, and as noted above, you may seek damages as well.
Lastly, is the noise such that it disrupts not just your peace and quiet, but also others in the neighborhood? If so, pooling resources may be a practical approach.
Q: We…
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