Eviction Process Eviction of my bad neighbor in California

[calibabeintrouble]

Jurisdiction

California

I live in California in an apartment complex and have a terrible neighbor with 2 screaming kids and has no regard for anyone else. She makes noise late at night all the time and I have complained to the landlord. I know the super has spoken to her numerous times about it. She had a guy coming around for a while but I haven't seen him. I heard that she hasn't paid rent for a year and is a deadbeat. Rumor has it child services has to be involved in any type of legal action. I'll assume the landlord doesn't want her to stay any more than we do. Is there any hope that this terrible woman will be given the boot any time soon? What is making this so difficult if she hasn't paid rent for a year????

 

[army judge]

If what you say is true, the management is ignoring the issues, why don't you find a more civilized place to live?

There's nothing anonymous internet denizens can do to assist you.

 

[justblue]

I live in California in an apartment complex and have a terrible neighbor with 2 screaming kids and has no regard for anyone else. She makes noise late at night all the time and I have complained to the landlord. I know the super has spoken to her numerous times about it. She had a guy coming around for a while but I haven't seen him. I heard that she hasn't paid rent for a year and is a deadbeat. Rumor has it child services has to be involved in any type of legal action. I'll assume the landlord doesn't want her to stay any more than we do. Is there any hope that this terrible woman will be given the boot any time soon? What is making this so difficult if she hasn't paid rent for a year????

You should speak to the LL. From what I understand it is a very long process to evict a tenant. If the neighbor is being loud late at night (after 10/11 pm) call the police.

 

[Tax Counsel]

What is making this so difficult if she hasn't paid rent for a year????

My guess is that you have a reluctant landlord. Failure to pay rent is typically provides the landlord with the easiest and fastest claim to evict a tenant. It certainly shouldn't take a year to do. You may check the court records for your county to see if the landlord has started the process and it has, check to see where it is now. At least some CA counties have their court records available for search online.

If the landlord hasn't even started then consider either moving out or filing a lawsuit against the landlord for breach of the covenant of quiet enjoyment. The term is an old one and doesn't specifically relate to noise but a number of states have included noise that the land can control as included within the right to quiet enjoyment. See a CA attorney for help if you want to sue, or least go the pro se legal resources office that I understand each county in CA has. The lawsuit might prompt your landlord to finally take action and get these people out of the building.

Also, call the cops when the noise is really loud late at night/early morning. A few visits by the cops might result in some kind of resolution.

 

[Zigner]

I heard that she hasn't paid rent for a year and is a deadbeat. Rumor has it child services has to be involved in any type of legal action. I'll assume the landlord doesn't want her to stay any more than we do. Is there any hope that this terrible woman will be given the boot any time soon? What is making this so difficult if she hasn't paid rent for a year????

You're making a lot of assumptions...

 

[EeeeekitsaMouse]

I live in California in an apartment complex and have a terrible neighbor with 2 screaming kids and has no regard for anyone else. She makes noise late at night all the time and I have complained to the landlord. I know the super has spoken to her numerous times about it. She had a guy coming around for a while but I haven't seen him. I heard that she hasn't paid rent for a year and is a deadbeat. Rumor has it child services has to be involved in any type of legal action. I'll assume the landlord doesn't want her to stay any more than we do. Is there any hope that this terrible woman will be given the boot any time soon? What is making this so difficult if she hasn't paid rent for a year????

How do you know that she hasn't paid her rent? Who told you that? That's not your business. You don't really know this woman so why are you listening to malicious gossip about her and taking it as the gospel? Have you SEEN cps at her apartment?
You live in an apartment complex. You're going to hear noise. Invest in some earplugs if it bothers you so much.

 

[Tax Counsel]

You're going to hear noise. Invest in some earplugs if it bothers you so much.

That strikes me as a dismissive response. Some noise you can expect. But the neighbor can't make sounds so loud that they are outside the bounds of normal use of the apartment and the neighbor can't be noisy all day and all night. There are limits to the noise a neighbor can create. There is a legal remedy for a neighboring apartment to remedy that: filing a lawsuit against the landlord to enforce the right to quiet enjoyment.

 

[justblue]

That strikes me as a dismissive response. Some noise you can expect. But the neighbor can't make sounds so loud that they are outside the bounds of normal use of the apartment and the neighbor can't be noisy all day and all night. There are limits to the noise a neighbor can create. There is a legal remedy for a neighboring apartment to remedy that: filing a lawsuit against the landlord to enforce the right to quiet enjoyment.

And OP should call the police in situations where the neighbor is very loud late at night.

 

[Zigner]

And OP should call the police in situations where the neighbor is very loud late at night.

Exactly - because without proof, the OP has, well, no proof.

 

[EeeeekitsaMouse]

We don't know what this person considers loud at night. What may be loud to them might not be loud to me. I think the OP would be smarter not to flip out over the noise unless it truly is disruptive late at night. I think part of their problem with the neighbor is that they're listening to other people gossip and thinking what they're hearing is the gospel truth when it's not. They could try getting to know their neighbor first and finding for themselves what's going on. Maybe the kids don't know how loud they're being. Maybe politely explain to the neighbor that loud disturbances late at night are going to bring the police to her door.