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Tenant claims he is allowed to play drums in APT - Landlord Forum thread 360403

Tenant claims he is allowed to play drums in APT by Daniel (CA) on April 6, 2020 @19:34

                              
I served a notice to cure or quit

the bad tenant is playing musical instruments, digital form

percussion and string - drums

he claims that he is protected by this line in the new temporary ordinance: ( my answer to him is that okaying the drums is not a nuisance related to Covid-19

this is a 12 unit apartment

c. No Owner shall exercise an eviction during the Local Emergency Period based on the presence of unauthorized occupants, pets or nuisance related to COVID-
19.


http://clkrep.lacity.org/onlinedocs/2020/20-0147-S19_ORD_186585_03-31-2020.pdf
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Re: Tenant claims he is allowed to play drums in APT by Garry on April 7, 2020 @00:28 [ Reply ]
Your tenant is probably correct. He cannot be evicted---- FOR NOW ! But when the temparary order is lifted, yes he CAN be evicted. In the mean time, have your other tenants call the police every time the noise gets too loud that you can hear it thru walls, or way down the hallway.

Try to get a police report for every time they come out. The police probably can't do anything, other than to tell the tenant to "keep the music down". But what YOU are doing, is building PROOF for your case that will eventually get him evicted. Those police reports, along with other tenants that are willing to testify in a court room about the noise, WILL get him evicted. It's just going to take A LOT MORE time on the calendar, than anyone ever imagined, because of this COVID-19 virus.

If it's any consolation, I filed to evict a T of mine for non-pay of March rent. The court date was originally scheduled for March 31. The courts here in Iowa rescheduled that hearing date, for May 11. Then, I just found out today, it's been rescheduled again, now for June 5. If she never pays me any rent, and assuming I win, and can get her out by around June 15, I will still be out March, April, May, and June's rent.

So you see, Daniel, your "noise" problem in minor, compared to the loss of rents that I'm experiencing.
Re: Tenant claims he is allowed to play drums in APT by lpadave on April 7, 2020 @04:33 [ Reply ]
Headset ?
Re: Tenant claims he is allowed to play drums in APT by Alan on April 17, 2020 @03:10 [ Reply ]
Reading it I would say you are correct. The drums are not a nuisance related to Covid-19. Which means he is at fault. And under the stated ordinance means you can evict him as it is not due to non-payment of rent.

That being said, how long has he been your tenant? Is he up to date on rent? Is he generally a decent tenant? In other words if it wasn't for this music thing would you let him stay? If the answer to the last question is Yes, then I would consider allowing him to stay. However, as one other person noted there are noise ordinances and I would definitely proactively encourage anyone who the noise is bothering to contact the police and let them handle him. By the 2nd or 3rd time they have to come out for a noise complaint they will start handing him citations. Once he realizes that it's going to cost him to play those drums, i guarantee he will quit using them.

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