Non-disclosed, significant issue - California

[chamton]

I moved into a unit in Northern California a few months ago and immediately noticed an unbearable, near-constant rattling/dripping noise from the the plumbing behind the bedroom wall at night only. It's bad enough to significantly interfere with sleep; I have to take measures such as wear earplugs or sleep in another room.
From speaking with various people who manage or work on the building, it's clear the issue didn't suddenly appear when I moved in; they're familiar with the problem, even if they haven't explicitly said so. I think it would be expensive to repair and require taking the unit off the market, so they simply rent it out without disclosing the issue, and kick it down the road by taking months to setup fake inspections and such.
I'd like to take some form of legal action, because I'm paying for a space I can barely sleep in; because management lied when they rented it out to me; and because they're still lying by pretending to address the issue when they clearly have no intention of doing so while I'm living here.
I've saved most of the communication and have recordings of the noise. Is legal recourse worth it here? Can I get money from these people?

 

[Zigner]

So, let me make sure I'm understanding this...
You rented an apartment.
The pipes make noise.
The noise is unbearable and you cannot sleep because of it.
Money will make you be able to sleep with the noise.

Have I got that right?

 

[STEPHAN]

management lied when they rented it out to me

Can you explain how they lied to you?

Before you signed the contract, did they refuse the right to inspect the property?

 

[chamton]

@Zigner: Obviously not, but I am paying expensive rent for a unit that I can barely sleep in and feel scammed.
At the very least, it seems there should be legal basis for me to get out of the lease without penalty.
That's what I'd like to understand.
@STEPHAN: The noise only occurs at night, and I rented it out from out of state. Me doing an "inspection" would not have revealed the problem. Like I mentioned though, from the communication, I'm almost certain that management knew about this issue before I moved in. It seems only reasonable to disclose something like this to a potential tenant. The most reasonable thing for the landlord to do would be to take the unit off the market and make the necessary repairs.

 

[Taxing Matters]

I'd like to take some form of legal action, because I'm paying for a space I can barely sleep in; because management lied when they rented it out to me; and because they're still lying by pretending to address the issue when they clearly have no intention of doing so while I'm living here.

And you KNOW they lied from what evidence? Don't confuse suspicion with knowledge; the latter is based on evidence that would clearly show they knowingly told you a false statement.

You might have a good basis for breaking the lease without owing them any future rent if they've been unable to fix it in reasonable period of time. I suggest you take your lease and evidence of the problem to an attorney who represents tenants in landlord-tenant disputes for advice on that. Just from what you have said here I'm not seeing a good case for winning a money judgment out of this.

 

[chamton]

@Taxing Matters Thanks for the feedback, and you're right, it is a suspicion. But after communicating with 5 different people who work for the building, none of whom showed any surprise or curiosity about the issue, instead trying to divert me from it, I would call it a very strong suspicion. A previous tenant or maintenance records could shed light on that matter if this were to go to court.

 

[FarmerJ]

So if you have a neighbor who lives under you then have you asked them if they have any signs of water leakage in the area you are hearing the sounds ? Other wise pipe rattle ( hammering ) is easy to correct but you might have to call your city building inspections desk to see if they can help. Pipe rattle often occurs when water is turned on ( like how the pipes do that to my shower ) any way it might help you to learn what year the building was built or converted to its current use and if at that time sound proofing was required by building codes ( thats all public information and if you learn that sound proofing was required and you discover that there is no sound proofing in that area again code enforcement can indeed force the LL to make repairs.

 

[chamton]

The person above me also hears the sounds, but I don't think it's related to a leak. The building is old, and I'm fairly certain the noise is related to the heating, which uses old steam/water-filled radiators and turns on at night at around the same time the noise starts. It's bad enough that it sounds like a potential hazard, though.
It is useful to know that I can get building inspectors involved and that there possibly are sound-proofing requirements in place, thanks.

 

[FarmerJ]

If its steam heat/ hot water heating system then so you know the pipes can and do clang and ping and pop with temperature changes since you live in CA your heating system likely is not running harder like they do up here where the noises would be less often, BTW there is no hazzard with the noises from the pipes just because they are expanding contracting. BUT if there are sound proofing requirements your city can tell you

 

[PayrollHRGuy]

The noise only occurs at night, and I rented it out from out of state. Me doing an "inspection" would not have revealed the problem. Like I mentioned though, from the communication, I'm almost certain that management knew about this issue before I moved in. It seems only reasonable to disclose something like this to a potential tenant. The most reasonable thing for the landlord to do would be to take the unit off the market and make the necessary repairs.

Why? DO you have some reason the believe that the management spent the night in the condo and tried to sleep there?

 

[chamton]

I have strong reason to believe that the former tenant reported it, and instead of investing time and money into fixing the issue, they simply put it back on the market as-is.

 

[BuyLowSellHigh]

Why do you think they were required to disclose that pipes in the wall cause noise? You need to find a legal reason or somewhere in the lease that would give your relief from the noise. Landlords aren't required to fix all issues reported by tenants.

Maybe try to negotiate a move to a different space if available.