On behalf of all 1Ls in the throes of finals, thank you so much. With casebooks and law-school classes in general, it's easy to miss the forest for the trees, and your videos are exceedingly helpful in that regard.
Patrick - you probably can go in either direction, but there are advantages and disadvantages. I assume you're renting in a condo or planned development where there is an HOA with rules, including a rule about loud noise. One possibility you didn't mention is to complain to the HOA itself, and ask them to enforce that rule against the noisy neighbor. Maybe they will be willing to take an aggressive posture. Complaining to the landlord is certainly another valid possibility; if the landlord has the right to enforce the no-speaker or no-unreasonable-noise rule, then the landlord's failure to enforce it can very well be viewed as a breach of the implied covenant of quiet enjoyment, giving you a right to terminate the lease, and likely a right to damages as well. Suing the noisy neighbor is probably your worst option; the neighbor may have few assets, so you may have difficulty collecting a money judgment, and a court is unlikely to give you any injunctive relief. Obviously a court can't terminate your lease in this sort of suit, since the neighbor isn't your landlord. So your remedies are likely to be very limited in a suit against the noisy neighbor. A suit against the landlord seems a much better option, assuming that the landlord has the legal ability to control the noise.
if I want to take a neighbor to small claims for loud speaker noise... should be take the renting tenant? Or the landlord? HOA say's no loudspeakers and we have right to quiet enjoyment, thank you.
I will speak not as a lawyer or what is right in whatever country state area you live ...Just common sense : As your statement is very basic in supplying information to what action you should do You will not win a case to what should be a noise complaint with the police Or Bi-law enforcement officer And an E-mail to the HOA with the Officers name badge number time of call And results And a follow-up letter from the HOA ...That being said .....No you can't still win in court ....Now if this is continual Remember Your landlord is not the person at fault it is your neighbor But once warned of the issue to landlord He does have a duty of care To act ONCE he has proof like a document from police Video recordings Emails Other than He said She said "Hearsay" For the same reason a Landlord has no right to be banging on your door to tell you to turn down the music (He has to give 24hr notice to even be at your door unless of Fire flood life/death) You really would not want to bother going to a court room for a neighbor playing loud speaker noise twice And talking the landlord to court for "quiet enjoyment" and be awarded $100 Or lose And have a counter claim
@@freakyflow I'm considering getting the resident neighbor on a public nuisance instead, as long as their music hits 85db it's considered a public nuisance. Then I may take resident to small claims court of the police can write a public nuisance (re: loud music) for the cost of sound proofing my home.
I am a tenant Looks that I have a case of Partial eviction a while ago. And never realized it and the landlord either. Problem has been created by other tenant. He keeps blocking my entrance and whole driveway with his cars. What should I do ? I really want to stay here, paying my rent on time. Landlord does not see it and looks at me as a complaining tenant and can evict me.
Do you have the right, under your lease, to use the driveway? If you do, there is at least an argument that the landlord has a duty to control the other tenant's use of the driveway in order to stop the interference with your access. That, of course, depends on the other tenant's lease and rights, and the degree that the landlord has the legal power to control the other tenant. So you can see that there are several "ifs" here. If you're in the mood to take the risk and pay the cost of litigation, you can discontinue paying rent, let the landlord try to evict you, and end up in court making an argument that you have suffered a partial actual eviction. There's a lot of uncertainty in taking that course, and you might lose. Your alternatives, of course, are to move out or to "lump it" and put up with the inconvenience. You didn't tell me what state you're located in, and there may be peculiarities of your state's law that would affect the analysis, but which I can't anticipate. These comments are merely an abstract discussion of the legal theories, and not legal advice (which I can't give).
@@profdalespropertyvideos185 Thank you for your reply. I live in the back house. The tenant abuser lives upfront. There are only 2 houses on the property ,connected one joint very narrow driveway ( also serves as a walkway to my door). Both of us can park on this driveway. Parking deeper does not interfere with my access . But this tenant decided to park in the beginning and also on the angle without leaving me no room. For 3 years I have been using back gate to the canyon. I am disable and makes it so hard. I am in Los Angeles CA.
@@Luckywindy I understand your dilemma, but I can't say more without giving you legal advice, which I'm not allowed to do (as I am not an active member of the California bar). I assume you have appealed to landlord to intervene and get the other tenant to cooperate; if not, you should definitely do so.
@@profdalespropertyvideos185 As the law that you do in your state/country applies to just that And i know are not legal advice I was wondering if you could share a legal theory under a non-stated use of a "Locker room" in the rental ad Or as far as i have not looked on my rental agreement a mention of use. However the 10 unit townhouses have a common hallway with locked doors ( each door has 2 lockers behind them for a total of 5 doors 10 lockers) I did ask the agent of the Landlord about lockers And the reply was "They are all full at the moment you will get one as it comes" that was 4 years ago" And again i know American law is on the same line of Canadian law bicameral legislative system But branches out etc Also in my area. a electric/hydro power meter reader must be able to be seen by the user (tenant) by law to ensure usage amounts etc ..These are also behind locked common doors with a key I have a hand full of other more extreme codes and violations that has cause injury And health problems But i think i have them covered so far ...would the locker be a partial actual eviction in your area? Why/Not? What would be a defense scenario? keeping in mind it would only guide me to look in the right direction and not legal advice The backstore on my issues are non repair, Failed Duty of care, 5 to10 building code issues 2 to 8 bi-laws (City) 15 min state/government 3 Human rights most worthy is the pictures Video Emails measurements And statements from cert /lic, Engineers ...Fun fun ! lol Thnaks
@@freakyflow I don't think you can claim any rights to the storage lockers based on the newspaper ad if you have a written lease. Check your lease and see if it gives you the right to possession of a locker in addition to your apartment. If it does, you would have a claim based on deprivation of the right to quiet enjoyment, at least under US law. (I can't speak to Canadian law.) - ProfDale
On behalf of all 1Ls in the throes of finals, thank you so much.
With casebooks and law-school classes in general, it's easy to miss the forest for the trees, and your videos are exceedingly helpful in that regard.
Good video. Thanks, man.
Patrick - you probably can go in either direction, but there are advantages and disadvantages. I assume you're renting in a condo or planned development where there is an HOA with rules, including a rule about loud noise. One possibility you didn't mention is to complain to the HOA itself, and ask them to enforce that rule against the noisy neighbor. Maybe they will be willing to take an aggressive posture. Complaining to the landlord is certainly another valid possibility; if the landlord has the right to enforce the no-speaker or no-unreasonable-noise rule, then the landlord's failure to enforce it can very well be viewed as a breach of the implied covenant of quiet enjoyment, giving you a right to terminate the lease, and likely a right to damages as well. Suing the noisy neighbor is probably your worst option; the neighbor may have few assets, so you may have difficulty collecting a money judgment, and a court is unlikely to give you any injunctive relief. Obviously a court can't terminate your lease in this sort of suit, since the neighbor isn't your landlord. So your remedies are likely to be very limited in a suit against the noisy neighbor. A suit against the landlord seems a much better option, assuming that the landlord has the legal ability to control the noise.
if I want to take a neighbor to small claims for loud speaker noise... should be take the renting tenant? Or the landlord? HOA say's no loudspeakers and we have right to quiet enjoyment, thank you.
I will speak not as a lawyer or what is right in whatever country state area you live ...Just common sense : As your statement is very basic in supplying information to what action you should do You will not win a case to what should be a noise complaint with the police Or Bi-law enforcement officer And an E-mail to the HOA with the Officers name badge number time of call And results And a follow-up letter from the HOA ...That being said .....No you can't still win in court ....Now if this is continual Remember Your landlord is not the person at fault it is your neighbor But once warned of the issue to landlord He does have a duty of care To act ONCE he has proof like a document from police Video recordings Emails Other than He said She said "Hearsay" For the same reason a Landlord has no right to be banging on your door to tell you to turn down the music (He has to give 24hr notice to even be at your door unless of Fire flood life/death) You really would not want to bother going to a court room for a neighbor playing loud speaker noise twice And talking the landlord to court for "quiet enjoyment" and be awarded $100 Or lose And have a counter claim
@@freakyflow I'm considering getting the resident neighbor on a public nuisance instead, as long as their music hits 85db it's considered a public nuisance. Then I may take resident to small claims court of the police can write a public nuisance (re: loud music) for the cost of sound proofing my home.
I am a tenant Looks that I have a case of Partial eviction a while ago. And never realized it and the landlord either. Problem has been created by other tenant. He keeps blocking my entrance and whole driveway with his cars. What should I do ? I really want to stay here, paying my rent on time. Landlord does not see it and looks at me as a complaining tenant and can evict me.
Do you have the right, under your lease, to use the driveway? If you do, there is at least an argument that the landlord has a duty to control the other tenant's use of the driveway in order to stop the interference with your access. That, of course, depends on the other tenant's lease and rights, and the degree that the landlord has the legal power to control the other tenant. So you can see that there are several "ifs" here. If you're in the mood to take the risk and pay the cost of litigation, you can discontinue paying rent, let the landlord try to evict you, and end up in court making an argument that you have suffered a partial actual eviction. There's a lot of uncertainty in taking that course, and you might lose. Your alternatives, of course, are to move out or to "lump it" and put up with the inconvenience. You didn't tell me what state you're located in, and there may be peculiarities of your state's law that would affect the analysis, but which I can't anticipate. These comments are merely an abstract discussion of the legal theories, and not legal advice (which I can't give).
@@profdalespropertyvideos185 Thank you for your reply. I live in the back house. The tenant abuser lives upfront. There are only 2 houses on the property ,connected one joint very narrow driveway ( also serves as a walkway to my door). Both of us can park on this driveway. Parking deeper does not interfere with my access . But this tenant decided to park in the beginning and also on the angle without leaving me no room. For 3 years I have been using back gate to the canyon. I am disable and makes it so hard.
I am in Los Angeles CA.
@@Luckywindy I understand your dilemma, but I can't say more without giving you legal advice, which I'm not allowed to do (as I am not an active member of the
California bar). I assume you have appealed to landlord to intervene and get the other tenant to cooperate; if not, you should definitely do so.
@@profdalespropertyvideos185 As the law that you do in your state/country applies to just that And i know are not legal advice I was wondering if you could share a legal theory under a non-stated use of a "Locker room" in the rental ad Or as far as i have not looked on my rental agreement a mention of use. However the 10 unit townhouses have a common hallway with locked doors ( each door has 2 lockers behind them for a total of 5 doors 10 lockers) I did ask the agent of the Landlord about lockers And the reply was "They are all full at the moment you will get one as it comes" that was 4 years ago" And again i know American law is on the same line of Canadian law bicameral legislative system But branches out etc Also in my area. a electric/hydro power meter reader must be able to be seen by the user (tenant) by law to ensure usage amounts etc ..These are also behind locked common doors with a key I have a hand full of other more extreme codes and violations that has cause injury And health problems But i think i have them covered so far ...would the locker be a partial actual eviction in your area? Why/Not? What would be a defense scenario? keeping in mind it would only guide me to look in the right direction and not legal advice The backstore on my issues are non repair, Failed Duty of care, 5 to10 building code issues 2 to 8 bi-laws (City) 15 min state/government 3 Human rights most worthy is the pictures Video Emails measurements And statements from cert /lic, Engineers ...Fun fun ! lol Thnaks
@@freakyflow I don't think you can claim any rights to the storage lockers based on the newspaper ad if you have a written lease. Check your lease and see if it gives you the right to possession of a locker in addition to your apartment. If it does, you would have a claim based on deprivation of the right to quiet enjoyment, at least under US law. (I can't speak to Canadian law.) - ProfDale