Real Estate & Property Law

DO DAY SLEEPERS HAVE RIGHTS?

A reader recently asked me a simple question: "Do Condo-Owner's who work Night Shifts & sleep in the daytime have any right to peace & quiet?"

The answer is yes, reasonable rights, which is what everyone has. In order to find someone legally liable, you have to prove certain things. Every person has an innate duty to act as a "reasonable", or for the legal world "prudent", person would act. What you have to prove to whomever is listening (judge, board, small claims court hearing officer, etc.) that they breached that duty (failed to honor it basically) and that that breach caused you damage in some way (property, health, etc.). In the HOA enforcement world, you have to prove that they created a nuisance in most cases.

So, if you are a day sleeper and your neighbor is not, who wins? No one if there is a fight over wanting silence during the day. The neighbor probably says "you're crazy, I have 3 kids and you expect me to keep them quiet?" And you say, "If I can't sleep I will lose my job."

There certainly is a lot of ground for compromise here, but absent a willingness to do so, day sleepers and daytime noisy people can come to blows. And of course, I have a story on it, so watch for the next blog which I will call: "There is no such thing as a slam dunk!"

Full post as published by California Condo & HOA Law on June 12, 2008 (boomark / email).