Eviction Notices: Landlord Cited "Loud Sex" and "Arguments" As Grounds for Potential Eviction

samedi 21 février 2015

My question involves an eviction in the state of: California



This evening, my fiancee and I received a highly embarrassing letter from our landlord citing "(allegedly) loud sex" and "arguments in the quiet hours" in a warning for a potential future eviction. The warning letter did not mention the amount of times they had received complaints, and seemed to suggest the main source of a complaint was from the apartment directly beneath us. Further, the letter stated that the tenants below our apartment were threatening to leave--and that if given the choice of losing a tenet, they would rather get rid of "the troublemakers."



We have lived in this apartment for five years. Other than the neighbors downstairs, we love this place. We once received a note underneath our door a year ago that asked us to "please have quieter sex" from a tenant (likely the same one beneath us filing the complaint). We have been on high alert ever since--to the point where my fiancee and I have been so high strung and afraid to carry on conversations above a whisper (or even move) in our own home. We are not the type of folks who have loud parties every night, nor are we the type of people having the ridiculously loud sex that the people below us seem to be claiming. We do our best to abide by the sound rules during quiet hours. And while I'm sure the sound travels louder than we even think to the apartment below us, we are truly mindful of our surroundings.



At this point, I don't know what to do.



- I've read one suggestion where it advised to talk directly the neighbors below us to engage in a respectful dialogue, but their passive aggressive note and lack of person-to-person interaction (as well as their current complaint to the landlord) leads me to believe it would only make the situation worse.

- I want to write a letter in response to my landlord, letting him know that a) yes, we did see the complaint and will continue to monitor our sound, b) we're sorry for any perceived disturbances, and c) we take this accusation very seriously, but his letter language already seems to have made up his mind that we're at fault. At the top of the letter, the landlord called this a delicate issue that would "otherwise be left ignored," except that if we fail to comply, the landlord will proceed with the steps "to get us out."



I'm sorry to make this so long, but when you've seen your fiancee cry because she feels she can't even be intimate in her own home, you want to take the best course of action. I just want to know what, if any, my rights my be in protecting myself and my fiancee. Any advice or suggestions will be sincerely appreciated!



Thank you all in advance for your help here.





Eviction Notices: Landlord Cited "Loud Sex" and "Arguments" As Grounds for Potential Eviction

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