The concept of quiet enjoyment is embedded in California tenancy laws, affirming that tenants can use their rented premises without unreasonable disturbances. This includes protection against excessive noise, disruptive behaviors from neighbors, and other nuisance conditions that can affect your quality of life.
A person can be charged with disturbing the peace under California Penal Code Section 415 PC for a number of disruptive activities, including fighting, loud or unreasonable noise violations and using offensive words. Each variation of disturbing the peace requires a prosecutor to prove a unique set of factors.
Most local noise ordinances designate "quiet hours"—for example, from 10 p.m. to 7 a.m. on weekdays and until 8 or 9 a.m. on weekends. So, running a power mower might be permitted at 10 a.m. on Saturday, but not at 7 a.m. Some universally disturbing sounds are commonly banned or restricted.
If you can prove that the landlord failed (after complaints) to promptly and effectively address a legitimate complaint about substantial violations of your quiet enjoy rights, then you may well have grounds to break the lease without penalty under the doctrine of constructive eviction, and could even have claims for ...
12.08. 400 - Interior noise standards. Noise ZoneDesignated Land UseTime Interval All Multifamily 10 pm—7 am Residential 7 am—10 pm
The tenant is responsible for honoring the property's Quiet Hours which are from AM on Weekdays and AM on Weekends until PM at night. The tenant is also responsible for complying with local noise ordinances such as prohibitions against “Offensive or excessive noise” which may occur during daytime hours.
Under the guidelines of California Penal Code Section 415, it is illegal (i.e., a crime) for a resident to knowingly create loud and unreasonable noises as a means of disturbing another. Unnecessary noise can arise at any time, and punishment can include imprisonment and/or a fine.
The landlord tenant laws that allow you to break a lease are different from state to state. In many places, you can get out of your lease without penalty for a number of reasons, such as domestic violence, an unsafe environment, or if you've been called up for military service.
You may be able to legally move out before the lease term ends in the following situations: You or a Family Member Are a Victim of Domestic Violence, Sexual Assault, Stalking, or Elder Abuse. You Are Starting Active Military Duty. The Rental Unit Is Unsafe or Violates California Health or Safety Codes.