* Claim
My downstairs tenant (A) is complaining about upstairs tenant (B)

(A) states that (B)’s daughter plays with their cat between late hours 1 AM to 3 AM, in the bedroom. This bedroom is right above tenant (A)’s bedroom.
(A) states that this is a breach of “covenant of quiet enjoyment” in her letter to me. However, her only threat is that she may leave. Also that this is impacting her health.

* My opinion
I wouldn’t mind if she did leave, btw; since she is too smart! Her 1 year lease is finished and is there due to rent control limiting my ability to get rid of her. Oh I cant wait until I can increase her!

* This is what I plan on doing but I await comments/ audit before I proceed. OMG this place is so awesome! It is like having a board of directors.

I am sending Tenant (B) a WARNING NOTICE OF COMPLAINT FROM NEIGHBORS /RESIDENTS from the NOLO LL book. In it I explain the nature of the complaint to tenant (B). ( this is not a violation notice and doesn’t carry weight because this is not abnormal nor a nuisance issue, is it?)

I am also sending tenant (A) a response to her written complaint,

I state that my liaison at the building is not an acting manager and that she needs to notify me of issues and not the liaison.

I state to her that using the term “covenant of quiet enjoyment” is unwelcomed in this case and that no one is stopping her from leaving.
I state that the next stage is to monitor for changes in behavior. Oh I did also thank her for making reasonable attempts to resolve the matter on her own( using ear plugs & searching for solutions during the whole year)

That's it, I welcome comments, thanks!
Ps is there a similar form to --> WARNING NOTICE OF COMPLAINT FROM NEIGHBORS /RESIDENTS ?
Also I could not find a paragraph in Tenant (B) lease that addresses nuisance issues to other tenants. Is there one in the LPA lease?

I get a few of these types of complaints and I typically counsel folks that if they are sensitive to thinks like cats jumping (???) they probably need to be living in a SFH where they don't take the chance that others normal and generally unobtrusive activities will disturb them.

Typically to rise to a disturbance of quiet enjoyment, the action has to be caused by LL or someone he controls, it has to have a physical aspect (say, parking LL's car in drive to block Ts use), and T must be constructively evicted by the action -- meaning his use of the property is so detrimentally affected by the disturbance that T must actually vacate the property.