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Loud banging Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by Sangio, Jul 5, 2016.

  1. Sangio

    Sangio Law Topic Starter New Member

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    Jurisdiction:
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    :( Please help! I live in a mobile park and the back of my mobile is about 5-6ft away from the one behind me. The man that lives there is constantly repairing and rebuilding behind his mobile and mine. He bangs and uses an electric saw all day from 9-9:30 am to 5-6 pm. 3-4 sometimes 5 days a week. I've been here a year and it been going on since I moved in. My bedroom window is in line with his work shed and work area so he's always outside my bedroom window banging and sawing ( maybe 6ft or less away). I have ask him if we can come to some sort of compromise but he refused. He told me that he wanted to start at 7am but I refused. It was left at that. I have talked to the manager on two different occasions, I even recorded it for several days to show them how loud he is even with my windows closed. You can hear him banging throughout my home so no matter where I'm at all I hear is banging. I am also disabled so I am at home the majority of the time. There are times during the day that I must lay down and rest due to medication and physical strain but the noise prohibits me from doing so. The managers told me there is nothing they can do because it's during the day and he is working on improving his Mobile and not playing loud music or yelling etc. therefore he is within his legal rights and their hands are tied. I am confused because I thought there was something called quite enjoyment but they (managers) have never heard of it. If there is some sort of solution for this problem please let me know what I can do. Thank you! Confused in California
     
  2. army judge

    army judge Super Moderator

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    The noise may be loud, but if its during the mandated times according to local ordinances, he's within his right to do so.

    Why not use foam ear plugs?
    They're very reasonably priced, reusable, and lessen loud noises.
    I use them, or noise canceling headphones with a blindfold.

    I nap like a beautiful, sweet, cute, cuddly, little baby; not wide awake like a fat, angry, ugly, old soldier suffering from PTSD. LOL
     
  3. adjusterjack

    adjusterjack Super Moderator

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    There is. But it has to do with more than just noise. And it has nothing to do with your neighbor. You can read the following site for the landlord's obligations under the covenant of quiet enjoyment:

    The Covenant Of Quiet Enjoyment Under Califo - Guides - Avvo

    Note that the landlord has no responsibility for what the tenant is doing unless the tenant is breaking park rules or breaching his own lease.

    However, you have the option of suing your neighbor and seeking an injunction to prevent his activities. Nobody is going to do that for you and, unfortunately, in a case like this, I think a court will uphold the neighbor's right to repair and improve his own home during the day.

    Beyond that, I agree with Army Judge that ear plugs (and maybe a mild sedative) might be the way for you to get some rest as you aren't going to win this against the neighbor or the landlord.
     

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