According to the Warranty of Quiet Possession, California Civil Code Section 1927, tenants have an implied right to quiet enjoyment in their rental agreement. Section 2915 of the San Francisco Police Code establishes guidelines for noise regulations: It is unlawful for any person to make, continue, cause or permit any unnecessary, excessive or offensive noise. This includes vocal or instrumental music and related sounds, live or produced mechanically, which disturbs the peace or causes the annoyance or discomfort of any reasonable person.

Chapter 49 of the San Francisco Police Code states that devices such as stereos and TVs must be "inaudible within a distance of 50 feet" between 10 p.m. and 7 a.m. These complaints can be referred to the San Francisco Police Department. To determine whether or not the noise is in violation of the Warranty of Quiet Possession you should consider the following questions:

How loud is the noise?
How intensive is the noise?
Is the noise repetitive?
Is the noise usual or unusual for the area?
What time of day does the noise usually occur and does it reflect normal activity?
Does the noise last over a long period of time?
Is the noise constant or intermittent?

TAKE ACTION

Speak with the offenders, explaining that the noise must be controlled.

Complain to the offenders in writing, referencing specific dates and times of the incidents. Request that these incidents stop, explaining that your landlord has an obligation to provide you with a reasonable quiet atmosphere. Send a copy of this letter to your landlord.

To help reach an understanding between you and the noisy tenant, obtain help from a mediation service such as Community Boards at (415)920-3820.

Call the SF Police Department's Noise Abatement Unit at (415) 553-1012, 9 am - 5 pm. If the officer deems that the complaint is valid, the noisemaker may be warned in writing on SF Police Department letterhead.

Complaints concerning construction related noise are handled by the Department of Building Inspection at (415)558-6096.