The tenant from No. 3 called our Emergency Line at 5 am this morning, and wanted to register a complaint about his next-door neighbor. The complaint was that the neighbor was making too much noise while getting ready to go to work.

We do want all of our tenants to be comfortable in their homes, and our House Rules are clear:

If neighbors could be affected by noise from your unit, please be “ultra quiet” between 10:00 pm and 6:00 am. If you occasionally come home late, or leave very early, and someone lives below you or in an adjoining unit, PLEASE KEEP VOICES AND ACTIVITY TO AN “ULTRA QUIET” MINIMUM.

Our general practice has long been to let a complaining tenant know that we will need verification from at least one additional non-related tenant before we could take any action beyond asking the neighbor to do whatever possible to hold to our “ultra quiet” expectations. This requirement for verification just seems fair, as one neighbor could just be too sensitive to the actions of another neighbor who is making reasonable efforts to limit noise. This requirement is even more important with most courts expecting “just cause” to enforce any eviction actions. If the complaints continue, our attorneys will need solid corroboration before taking any legal action. They would need to prove that if there is a substantial violation of the House Rules, the violation is on-going and continues up to the date of the trial. It is our understanding that the courts are disinclined to approve an eviction unless the violation of House Rules or a Rental Agreement is serious, and is clearly proven. It cannot be just one tenant’s word against the word of another tenant.

When we talk to tenants who are complaining about behaviors of their neighbors, we do our best to help them understand the new legal realities here in California. We explain to them that the days of just giving a tenant a 60-Day Notice to Vacate without clear, provable cause have passed. We try to explain that this is the legal/political reality in which we are operating, and that this reality severely limits what actions we can take.

Mostly, they seem to understand, and this approach has been working well for us.

Dear Readers: This article is the 255th in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing market. I appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, JD, CPM, CCAM, 99 S. Lake Avenue, Pasadena. (626) 243-4145. Fin.Beven@BevenandBrock.com. www.BevenandBrock.com www.RentBandB.com/Vacancies