Is there any type of court or way to make my manager follow the rules of our rental contract?

[vaiveatoish]

Hi, in August I moved into a new apartment building. I was very picky when choosing my new place as I am very sensitive to noise at night especially neighbors loud tv's,air conditioners hanging out of windows, loud pounding while walking etc. I found the perfect place. It was on the top floor in the corner and was pretty quiet. Even the windows were floor to ceiling with only a small opening in the middle of them with no window sill do rest any type of AC on. Everything was great until in September we had a bit of a heat wave that lasted like 2 weeks. At this time my neighbor who shares a wall with our bedroom windows next to each other put an AC unit on the window. This AC unit is so loud while on. It hums and sizzles really loud. Even when its off it still makes a sizzling noise. I tried very hard to put up with it but it turns on and off like every 5 minutes during the night and wakes me up. I reported the problem to my manager and he said that nobody else accept me complained so I have to deal with it. I took a copy of our buildings rules and read them. The neighbor clearly breaks 2 of the rules, one regarding noise between 10PM and 10AM and another which states that we cannot hang items of any type out of windows of over balcony's. I told my manager this and he said I was being technical and complaining too much. At this point I had only reported one issue where his workers broke an item in my apartment. I feel like my manager is discriminating against me in terms of if im the only one complaining then he wont do anything. That's BS. I have the biggest unit in the building and know I pay the most rent so why do I feel like I have to move? I would never in a million years have moved into a place with an AC on the window next to my bedroom window. That's like living in a motel!!! Please help me. Is there any type of legal action or any court I can take my manager to for not enforcing the rules? I dint want to move again so if that's your answer please keep it to yourself. I would like an answer from someone who knows CA laws in this field.

[akule76]

Hi, in August I moved into a new apartment building. I was very picky when choosing my new place as I am very sensitive to noise at night especially neighbors loud tv's,air conditioners hanging out of windows, loud pounding while walking etc. I found the perfect place. It was on the top floor in the corner and was pretty quiet. Even the windows were floor to ceiling with only a small opening in the middle of them with no window sill do rest any type of AC on. Everything was great until in September we had a bit of a heat wave that lasted like 2 weeks. At this time my neighbor who shares a wall with our bedroom windows next to each other put an AC unit on the window. This AC unit is so loud while on. It hums and sizzles really loud. Even when its off it still makes a sizzling noise. I tried very hard to put up with it but it turns on and off like every 5 minutes during the night and wakes me up. I reported the problem to my manager and he said that nobody else accept me complained so I have to deal with it. I took a copy of our buildings rules and read them. The neighbor clearly breaks 2 of the rules, one regarding noise between 10PM and 10AM and another which states that we cannot hang items of any type out of windows of over balcony's. I told my manager this and he said I was being technical and complaining too much. At this point I had only reported one issue where his workers broke an item in my apartment. I feel like my manager is discriminating against me in terms of if im the only one complaining then he wont do anything. That's BS. I have the biggest unit in the building and know I pay the most rent so why do I feel like I have to move? I would never in a million years have moved into a place with an AC on the window next to my bedroom window. That's like living in a motel!!! Please help me. Is there any type of legal action or any court I can take my manager to for not enforcing the rules? I dint want to move again so if that's your answer please keep it to yourself. I would like an answer from someone who knows CA laws in this field.

No there isn't anything you can do contractually. The landlord has not violated your lease. The neighbor violated their contract with the landlord, but that isn't any of your business. You can not get involved with that as you are not on their contract, you are an uninvolved third party.

However, you can enforce what ever laws you think are bing broken, you call the police. Police handle criminal activity, not the landlord.

I have not read the other answers yet, but you have pretty good odds that they are not opinions only/

Edit: kitty was the only here here that doesn't know what in the hell they are talking about. The other two are knowledgable and trying to help you.

[ardwyad]

You are quite incorrect. There are no laws being broken by your neighbor having a window AC. And you clearly do not understand contract law. Unless your contract says that your neighbor may not have a window AC (your contract doesn't say that), there is nothing you can do. Understand that your lease contract only covers YOUR arrangement with the apartment complex, and does NOT cover the activities of other tenants. Thus, you are in no legal position to undertake any legal action to force compliance with rules for anyone other than yourself.

Not what you wanted to hear, but that's the way it is.

[bean]

You can sue him in small claims court (your County District Court) for breach of contract. If you have a lease and pay your rent on time every month he can not retaliate. If you have a month-to-month tenancy he will probably terminate your tenancy if you sue him though.

[caffar]

You cannot police your neighbors or do your landlord's job for them. If they will not enforce their own rules there is really nothing you can do about it. If you have a lease you cannot just move anyway. That is not legal grounds to break a lease.

EDIT: No this is NOT my own personal opinion. I am a licensed professional. This is not technically a breach of contact & there is really nothing you can do to force a landlord to do their job if they are not breaking any laws. What you describe is NOT breaking any laws.

It may not be right & you may not like it but it is NOT illegal.

[blaisdell]

It's definitely not discrimination for one.

The LL can allow someone to hang an AC unit if the want to let them do that, they can also prohibit it. There is nothing you can do. They put that you can't on the lease so that they have the ability to say no if they want to. So, if YOU were to hang something, and they said you could not, and you didn't remove it, YOU would be violating your contract. Items in lease can be changed by agreement of both parties (AC hanger, and LL). So again, nothing you can do.

If you were to call the police on a noise violation due to an AC unit, they would laugh in your face, quite honestly. A window AC unit isn't going to break any noise statutes. There are no laws being broken here.

[advent]

Nope
If the owner is ignoring his own rules, or, doesn't want to enforce them, all you can do is move.