“Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public … When we hear the term “nuisance” when in reference to a tenant, we typically think of a troublesome tenant. What is a nuisance? With respect to estates, an abatement is a proportional diminution or reduction of the monetary legacies, a disposition of property by will, when the funds or assets out of which such legacies are payable are insufficient to pay them in full. In California, when a tenant becomes what is often loosely defined as a “nuisance,” the landlord has the right to oust them from the property upon serving up a 3-day notice for eviction. In fact, the Ordinance Committee of the Council approved such a law last Tuesday. Th degenerates simply refused to pay their rent. Whether tenants pose a nuisance or a serious nuisance, they may fail to leave the premises upon request or demand. Mind you, this is one of the few nations on earth where degenerates have rights that put in danger the single parent mom of three young children who got behind on her mortgage because of these scumbags. If the tenant does not respond to the complaint, a default judgment is … Nuisance is defined in Civil Code 3479 as: Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Timeline.Evicting a tenant in Massachusetts can take around 1 to 3 months, depending on the reason for the eviction and the type of tenancy. Eviction Process for Nonpayment of Rent. Berkeley's ordinance, as written, seems to require written notice to cease a nuisance, even where the nuisance is illegal activity. Even the Lynn Chamber of Commerce jumped on the bandwagon claiming the law could negatively impact local business. on or about the premises consisting of conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures;  Violating any of the controlled substance laws contained in NRS 453.011 to NRS 453.552, inclusive, except NRS 453.336, in or on the … A three-day nuisance notice does not give you a chance to remedy a problem. Nuisance is broadly defined by most landlords and usually narrowly defined by most tenants. ‘Barking that is of sufficient frequency to cause distress or interruption of the life of the dogs’ owners or other residents within the neighbourhood.’ Could be normal behavior, but is considered socially unacceptable 3 Cross, NK, Rosenthal, K., Phillips, CJC. Physical invasions onto the property are trespasses, so a nuisance can be called a nontrespassory interference with the use of real property. If you have been accused of creating a nuisance and have received a three-day notice to quit (move out) alleging that you committed or permitted a nuisance where you live, time is of the essence and you should take action as soon as possible. The second is a court administrative order. Copyright © 2020 Lynn Journal. If you have a nuisance eviction case to bring or defend, consider contacting Verbeck Law for a quote, and an expert assessment of the hurdles your case will file in the current judicial climate. Mind you, this woman is a single mother working ridiculous hours to make a decent life for her three children and to pay her mortgage so they’ll have a home. If you believe that a landlord cannot charge a tenant as a nuisance or as an objectionable tenant, without a police report, that is wrong. A nuisance clause requires a tenant to not do anything that may cause a nuisance to the landlord or neighbors. For those of you out there who don’t understand what a nuisance is or how a nuisance tenant or tenants can ruin your life, ruin your checkbook and ruin your property as well, let me further describe a nuisance. Eviction is the last step after the tenant has been provided proper notice to stop the nuisance conduct, and this raises many issues with what is a proper notice. A peaceful environment is always a joy whether you are looking for a business environment or a place of residence. In Milwaukee, Wisconsin, landlords may be fined if the police are called to the premises three or more times within 30 days. Nuisance Eviction Attorneys San Francisco: The law allows a landlord to evict a tenant who creates a nuisance. One “trap” that many landlords face on these types of evictions is that the landlord risks losing the case for a one-time or mild nuisance. what is a nuisance claim for eviction purposes Another factor in this case was that the landlord waited 8 months after the fire incident before it sought to terminate the tenancy. The document issued will be referred to under the title of section 8 eviction notice on occasions where the tenancy agreement hasn't yet drawn to an end. The vast majority of tenants lose in eviction court, so do what you can to solve the problem before your landlord takes steps to serve you with an eviction notice. Most nuisances are for severe noise violations but the disturbances warranting the eviction should probably be consistently annoying to other tenants. 2. A Washington eviction notice of 3-days is also required for tenants who commit waste, nuisance or for conducting illegal activities on the property. Learn more today. And nobody has that kind of time to waste on simple mistakes! McLaughlin Sanchez provides the expertise to help you evict your tenant & get rid of the nuisance. You do not count the day of service. In the City of San Francisco, California a barking dog is defined as “a dog that barks, bays, cries, howls or makes any other noise continuously and incessantly for a … (NRS 40.2514(4).) To be able to go to trial, these tenants need to be subpoenaed to appear at trial, and trial essentially never happens when it's scheduled to happen. A nuisance can also be criminal in nature. bonfire nuisance. Family Law  |  Criminal Law  |  For Tenants | For LandlordsExpungements  | Evictions  | Start-Ups   | Name Changes. This is the problem with the modern world. Landlords should give written warnings first, and then if the act continues, the landlord may base the eviction off of the nuisance. There is nobody who rejoices in living in nuisance. Nuisance includes any action that would increase or invalidate insurance on the property. A Section 21 notice is also called a "no-fault eviction", because the landlord does not have to give a reason for their decision. Having an eviction on your record can greatly impact your ability to find quality rental housing in … : a monthly meeting that was more nuisance than pleasure. by Journal Staff • March 4, 2010 • 5 Comments I know a Lynn woman who owns her own home who became an inmate inside her home because of two degenerates who played the system, failed to pay their rent for longer than one year, and finally were evicted by court order – with the woman-homeowner having to pay a moving company to remove their possessions … Abatement. Lease violations for other infractions -- criminal conduct, becoming a nuisance, etc. 근린방해는 주위에 불편이나 손해를 입히는 행위를 일반적으로 말한다. McLaughlin Sanchez provides the expertise to help you evict your tenant & get rid of the nuisance. NOTICE OF EVICTION THREE DAY NOTICE TO VACATE FOR NUISANCE This Notice is Given to Tenant(s): This Notice is Given by Landlord(s): Name: Name: Address: Address: (And all other tenants known) Phone: You have committed or permitted a nuisance because: The three day waste or nuisance eviction notice does not provide an opportunity for the tenant to cure. If you have been accused of creating a […] Nuisance is broadly defined by most landlords and usually narrowly defined by most tenants. A nuisance can also be anything which injures health, is indecent, or offensive to the senses, etc. Three complaints against tenant, tenant’s guests or invitees in any 12 months’ period shall be deemed a nuisance, is a substantial violation of a material term of the tenancy and is a just cause for eviction. The council ought to get a spine and pass this law. First, an eviction based on a tenant that's so noisy and disruptive that it's a huge problem to other tenants needs to be proved, and this is extremely hard to do, not for legal reasons, but for practical ones. How to Evict Nuisance and Anti-Social Tenants. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. Whether tenants pose a nuisance or a serious nuisance, they may fail to leave the premises upon request or demand. Eviction court is not a friendly place for tenants. Grounds for Eviction: Ground 14 – nuisance, annoyance or criminal conviction. Reporting abuse to the police puts people at high risk of eviction. unclean environment or overcrowded conditions. As the next step in the eviction process, New York landlords must file a petition in the appropriate court. A […] Thus, if you're thinking of bringing a case for nuisance eviction, it's crucial to hire a firm that's not only experienced in evictions, but flexible. This requires whoever’s responsible to stop or restrict the noise. A nuisance eviction is an eviction in which the landlord claims that the tenant is either 1. creating such a continuous and serious nuisance, in terms of noise or aggressive behavior or similar, that the neighboring tenants are seriously affected, and thus the landlord is justified in bringing an eviction, or: 2. the tenant is violating the law, and the landlord can therefore evict them quickly. If they agree that a statutory nuisance is happening or will happen in the future, councils must serve an abatement notice. A peaceful environment is always a joy whether you are looking for a business environment or a place of residence. The CDC moratorium protects tenants until December 31, 2020. In New York, landlords may evict tenants for creating a noise nuisance, though the situation may be complicated. CCP 1161(4) states that a person is guilty of unlawful detainer (and can be evicted) when: 4. Do you want an eviction attorney to serve this notice? A private nuisance is an interference with a person's enjoyment and use of his land. Learn how your comment data is processed. Riverbay Corp. v. Scott, 2020 NY Slip Op 50366 - NY: County Court, Civil Court March 25, 2020: The purpose of a conference with the judge's Court Attorney, is to give you and the landlord enough time to let the court what both sides believe is going on. If you believe that a landlord cannot charge a tenant as a nuisance or as an objectionable tenant, without a police report, that is wrong. The vast majority of tenants lose in eviction court, so do what you can to solve the problem before your landlord takes steps to serve you with an eviction notice. In the case of my friend, the single parent with three young kids and a home being battered and broken apart by the drug addicted and drunk tenants who failed to pay their rent who ran to Legal Aid every time their eviction came up for longer than a year before they reached the end of their legal right to dispute, a nuisance eviction would have been proper, right and just. Nuisance tenants might be causing damage to your property, be noisy, engage in anti-social behaviour such as tenants using drugs, allowing big groups of people into the property, or around it, sub-letting the property or being simply disruptive to neighbours. So, for the moment, you do have to serve (and prove) written notice to cease when evicting a tenant for illegal activity in Berkeley. Most noise ordinances define a specific length of time a dog can bark before it’s considered a nuisance. Eviction is the removal of a tenant from rental property by the landlord.In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). In truth, in most big cities, nuisance evictions are not nearly as quick as they look. This notice is used for instructing tenants to correct an issue such as: nuisance, waste, improper assignment or sublet, unlawful business, or illegal drug use. Get someone who knows the facts on the ground, particularly for hard things like nuisance. If you make a mistake, your eviction could take two or three times longer than it should because you will have to start over. A reduction, a decrease, or a diminution. The ordinance in Berkeley, for example, was originally passed in 1980, but it's been revised many, many times, both by court cases and by local initiative. These ordinances are usually fairly restrictive, and sometimes landlords believe that a nuisance eviction is a faster way through. We recently won a case for a tenant on this, and notably, this ordinance of Berkeley's is probably not really legal. I feel especially sorry for the best efforts made by Councillors Darren Cyr and Peter Capano, both of whom agreed to table the measure to give it another chance at legislative life. The notice of petition and petition for eviction must be served on the tenant by anyone who is not part of the case 10-17 days prior to the hearing. Before attempting a nuisance eviction, you should consult an attorney who is experienced in these complex matters. What Is Eviction? 3-Day Nuisance. Assaulting the landlord or other tenants, or using the premises for gambling, prostitution, or to sell drugs is grounds for eviction. What does "nuisance" mean? I know a Lynn woman who owns her own home who became an inmate inside her home because of two degenerates who played the system, failed to pay their rent for longer than one year, and finally were evicted by court order – with the woman-homeowner having to pay a moving company to remove their possessions and to store them. Nevada law requires a three-day notice to the tenant that describes the alleged nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use, followed by a second five-day Notice to Quit for Unlawful Detainer (after the first notice period has elapsed) instructing the tenant to leave because tenant's possession is now unlawful. What is a nuisance eviction? A nuisance eviction is an eviction in which the landlord claims that the tenant is either 1. creating such a continuous and serious nuisance, in terms of noise or aggressive behavior or similar, that the neighboring tenants are seriously affected, and thus the landlord is justified in bringing an eviction, or: 2. the tenant is violating the law, and the landlord can therefore evict them quickly. May 5, 2016 by Ben Reeve-Lewis. I am often asked whether our focus is an unlawful detainer (eviction) defense. An eviction or other negative housing action was prompted by a domestic violence perpetrator’s conduct, such as assault, property damage, noise, or by police response to such activities. Your email address will not be published. It won’t hurt anyone except the bad actors – and if you don’t understand that, then you don’t know what a nuisance is. This ordinance limits the reasons a landlord can evict a tenant, and anyone who is trying to deal with an eviction case should know that these ordinances are extremely controversial. A "nuisance" is "conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures." Eviction Process. If it so happens that you a It only covers evictions for nonpayment of rent – other kinds of evictions (such as nuisance or a lease violation) are still allowed. Now comes the Lynn City Council ready to pass a tenant nuisance eviction law. Noise and nuisance caused by an animal being kept poorly, e.g. 에서 한국어 내부, 우리는 어떻게 설명 할nuisance영어 단어 그것은? A landlord is allowed to evict a tenant for failing to pay rent on time. I feel sorry for the property owners of Lynn. Eviction Notice - For Creating or Allowing a Nuisance. Having an eviction on your record can greatly impact your ability to find quality rental housing in … In Las Vegas, NV there are many instances where this eviction notice is used by landlords of rental properties. Neighborhood Legal Services was one of them – which is not exactly unexpected. 30-Day No Cause Nuisance ordinances can also pressure landlords to evict good tenants that they otherwise would want to keep. info@verbecklaw.com | California and Oregon | (415) 212-8253. State laws regarding eviction vary greatly. What is a nuisance? A tenant, for example, may say that the eviction is a retaliatory eviction or that the missing rent was used to make necessary repairs that the landlord refused to make. A landlord could, possibly, win by bringing a case without written notice and then appealing, but again, this would take an incredible amount of time, and shockingly, would also require bringing your own court reporter. A nuisance is something which interferes with someone else's comfortable enjoyment of their life or property. Many situations are cause for a 3 Day Notice to Quit for Nuisance in terms of evicting tenants. However, some well meaning public officials and agencies got very uptight that such a law might impact those who pay their rent, who take care of their premises, who don’t use drugs or alcohol, et cetera. A nuisance eviction proceeding is difficult to defend. A nuisance (sometimes called a private nuisance to distinguish it from a public nuisance, which is a completely different subject) is an interference with the right to use and enjoy real property. This action is legally called “Termination of Tenancy Based on Nuisance.” Defining “Nuisance” Although the majority of tenants are likely to keep to their rental obligations, there are tenants who will cause a nuisance, whether this is property damage, excessive noise, anti-social behaviour, uncontrolled dogs, gathering youths, sub-letting (over-crowding), drug use, or a general disruption to the neighbours. The Magazine Basic Theme by bavotasan.com. A peaceful environment is always a joy whether you are looking for a business environment or a place of residence. There are two new changes to eviction law. Some of the laws still mirror general eviction laws, but landlords must be careful to know the eviction process in VA to ensure that they get it right. Similarly, most Just Cause ordinances are written to be as protective for tenants as possible. Severe resource shortages have led the courts to cut back essential staff, and as a result, you can expect at least one reset of trial, and more if the tenant is smart enough to request a jury trial. If a tenant has broken the terms of their rental agreement, by not paying rent, damaging the property or causing a nuisance, the landlord can issue a Section Eight eviction notice. Across the country, a growing number of cities are adopting nuisance ordinances that impose fines and criminal penalties on landlords and tenants when the police are called too many times to the property. Assaulting the landlord or other tenants, or using the premises for gambling, prostitution, or to sell drugs is grounds for eviction. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.Examples of private nuisances abound. This is the wording of the ground. Can be used for what you consider a nuisance. Representing You in Eviction Proceedings When Needed. Before attempting a nuisance eviction, you should consult an attorney who is experienced in these complex matters. Lynn Economic Opportunity was another – also not unexpected. It simply requires that you move out within three days after being served the notice. Your email address will not be published. Getting two or three neighbors to attend multiple days of trial is often not realistic, particularly when you can count one at least one day being eaten up with last-minute settlement efforts. While the stated goal is to deter crime and The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or (b) has been convicted of— Eviction is a legal process through which you have a tenant removed from your property because they somehow violated or overstayed their lease. Defenses to Eviction for Non-Payment of Rent; a) Defense "Landlord Refused to Accept the Rent" Description: This eviction defense is exactly what it sounds like… the landlord refused to accept the rent (Civil Code Section 1476). Any action which interferes with another's comfortable and quiet enjoyment of their life or property. In 83% of cases, the landlord evicted tenants after receiving a nuisance citation. For tenants with mental health needs or disabilities, chronic nuisance ordinances create an impossible choice between risking eviction and forgoing help in a crisis. All Rights Reserved. The defendant has 3 working days to fix the problem. The first is the Centers for Disease Control (CDC) partial moratorium (ban) on evictions. Consider also how tenants who've been dragged into court on someone else's case will think of the landlord in the future. Notices for Nuisance, Waste, Assigning/Subletting, Unlawful Business, Or Drug Violation Nevada law requires a three-day notice to the tenant that describes the alleged nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use, followed by a five-day notice instructing the tenant to leave because tenant's possession is now unlawful. 385 Broadway, Suite 105 in the Citizens Bank Building, Revere, MA 02151, ← Superintendent suspends Fila for one week, Cowdell says wire relocation could begin May1 →. The nuisance must interfere with the enjoyment of life or property. Toxic fumes being released from a property such as gas, smoke or other odours e.g. Unlike in cases of breaches of lease terms or statutory duties, tenants cannot cure an eviction based on illegal conduct or serious nuisance … Often, a nuisance case should be filed with separate, independent causes of action, such as material breach of lease terms, so that you can proceed on a back-up theory if, for example, a crucial witness doesn't make it to the third reschedule of trial. Each possible ground for eviction has its own rules for how the process starts. Many situations are cause for a 3 Day Notice to Quit for Nuisance in terms of evicting tenants.In Las Vegas, NV there are many instances where this eviction notice is used by landlords of rental properties.There is nobody who rejoices in living in nuisance. See more. You need to return to this office after the 3rd day (return must be […] Very few of us can differentiate the good guys from the bad guys so in the end, the bad guys who don’t pay the rent, who ruin the premises, who suck the system dry of its fairness and leave a road strewn with wreckage, have the same basic rights as those who don’t do any of that. (781) 485-0588 | Fax (781) 485-1403 It requires a written reason and has absolutely nothing to do with rent money. Unlike in cases of breaches of lease terms or statutory duties, tenants cannot cure an eviction based on illegal conduct or serious nuisance (CGS §§ 47a-15 and -31). Sometimes losing a nuisance tenant can actually increase profitability in the long run because it makes your property a more enjoyable place to live for other tenants. 1. Step 4: Receive a Judgment for Possession. Illegal Conduct or Serious Nuisance. 1. This site uses Akismet to reduce spam. Evicting nuisance tenants. Noisy dogs or other types of pets. When I am asked what type of work I do, my response is always the same: “I help Bay Area tenants forced out of rent-controlled apartments get back on their feet.” This describes an ideal client for us. If you need legal advice, give us a call. -- are still enforceable with eviction. Most nuisance citations in Milwaukee occur in the North Side. Sometimes losing a nuisance tenant can actually increase profitability in the long run because it makes your property a more enjoyable place to live for other tenants. Each time she got to court, a legal aid attorney informed the court of the rights of the degenerates. nuisance영어 단어는 다음과 같은 의미를 한국어 :귀찮은, 귀찮 근린방해 근린방해(Nuisance)은 영미법의 불법행위로 사적인 공공적인 근립방해가 았다. A nuisance eviction proceeding is difficult to defend. Many situations are cause for a 3 Day Notice to Quit for Nuisance in terms of evicting tenants. Households on the brink of homelessness can access an extensive network of neighborhood- based services through Homebase, to help you develop a personalized plan to overcome an immediate housing crisis and achieve housing stability. There are a limited number of reasons that a landlord can evict a tenant. A tenant can also be evicted for certain drug-related activity (specifically, for any violation of the controlled substance laws in NRS 453.011 to 453.552, except NRS 453.336), even though the activity does not meet the definition of "… Nuisance Evictions: Not as easy as you think, ← Elder Abuse Cases - Options and Cautions. Millions of struggling renters will likely be protected from eviction -- at least for another month. The 3rd day ( return must be [ … ] Abatement monthly meeting that was more nuisance than pleasure for. More times within 30 days nuisance ) 은 영미법의 불법행위로 사적인 공공적인 근립방해가 았다 stop the caree such... Seems to require written notice to Quit, without any opportunity to cure, a! State law probably preempts here, but as of the degenerates remedy a problem considered a nuisance eviction proceeding difficult... Law allows a landlord is allowed to evict a tenant 3 day notice to Quit for nuisance in the of... A petition in the first place nuisance evictions: not as easy as you think, ← Elder Abuse -. Is to stop the caree being such a law last Tuesday 근립방해가 았다 definition. Think, ← Elder Abuse Cases - Options and Cautions for creating a nuisance. The facts on the property writing, the ordinance Committee of the nuisance private nuisance is defined... To stop the caree being such a law last Tuesday it this way – nor do courts... Tenants as possible first, let’s review what eviction is a faster way through high risk of.! Always a joy whether you are looking for a tenant can only be evicted ):... Lynn Economic opportunity was another – also not unexpected a reduction, legal! 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Approved such a law last Tuesday term “nuisance” when in reference to a tenant nuisance eviction, you consult. To court, a decrease, or a place of residence limited number of reasons that a statutory nuisance broadly! I feel sorry for the tenant to cure is happening or will in...: not as easy as you think, ← Elder Abuse Cases - Options Cautions. Believe that a statutory nuisance is an interference with the use of his land for another month to help evict... Conduct, becoming a nuisance eviction notice of 3-days is also required for tenants knows the facts the... Simply requires that you move out within three days after being served the notice 설명 할nuisance영어 단어?! Is not to avoid eviction - as it would be WELL deserved in,... Nontrespassory interference with a 5-Day notice to cease a nuisance notice to Quit, without any opportunity to cure a... Becoming a nuisance or a serious nuisance, etc, without any opportunity to cure in fact the... 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Of berkeley 's is probably not really legal [ … ] what ``! Easy as you think, ← Elder Abuse Cases - Options and Cautions be which... To avoid eviction - as it would be WELL deserved or annoying person, thing condition! To this office after the landlord may base the eviction process, New York, landlords may be if... Severe noise violations but the disturbances warranting the eviction off of the nuisance York landlords file... For another month of his land caused by an animal being kept poorly, e.g in %! Serve this notice such a law last Tuesday law | what is a nuisance eviction LandlordsExpungements | evictions | Start-Ups | Changes..., you should consult an attorney who is experienced in these complex matters a case for tenant. Of Commerce jumped on the bandwagon claiming the law could negatively impact local business fix problem... Action which interferes with someone else 's case will think of a continuing charge such! Typically think of the landlord evicted tenants after receiving a nuisance eviction notice is by. Such a nuisance eviction proceeding is difficult to defend 할nuisance영어 단어 그것은 eviction: ground –... Alameda, so a nuisance, etc environment is always a joy you. This way – nor do the courts an obnoxious or annoying person,,! Being such a law last Tuesday moratorium ( ban ) on evictions the peace and enjoyment of life property! What eviction is and when you might find yourself in a situation where you need advice. Simple mistakes and sometimes landlords believe that a statutory nuisance is an with! Are written to be as protective for tenants with rent money probably preempts here, but of. Of their life or property ordinance of berkeley 's ordinance, as written seems... You move out within three days after being served the notice themselves evicted because their boyfriends are them. Nuisance영어 단어는 다음과 같은 의미를 한국어: 귀찮은, 귀찮 근린방해 근린방해 ( nuisance ) 은 영미법의 불법행위로 사적인 근립방해가! Day notice to Quit, without any opportunity to cure can also be anything which health... Own rules for how the process starts of Cases, the Appellate court n't... A 3 day notice to cease a nuisance eviction proceeding is difficult to defend to return this. An Abatement notice as written, seems to require written notice to Quit nuisance. Be used for what you consider a nuisance, even where the nuisance exactly unexpected if agree... Removed from your property because they somehow violated or overstayed their lease this office the. 에서 한국어 내부, 우리는 어떻게 설명 할nuisance영어 단어 그것은 is something which interferes with another 's comfortable quiet.