Landlord Tenant Law

Handling Noise Complaints from Tenants

Key Takeaways

  • Landlords must handle noise complaints fairly by investigating, talking to all involved, and finding a solution.
  • Tenants should write down details about noise disruptions and report them to help landlords understand and fix the issue.
  • Lease agreements should include noise rules and consequences to effectively prevent and manage noise problems.

Even though noise complaints happen pretty often, handling them never seems easy. Nevertheless, handling them professionally and fairly is necessary to keep tenants happy and maintain a peaceful living environment. This article answers many of the most frequently asked questions about handling noise complaints from tenants in a residential apartment building or complex. 

Every apartment, every noise, every circumstance, and every situation are all different. Additionally, laws regarding noise and apartments vary from state to state. An experienced landlord-tenant attorney will assess your situation and provide legal advice tailored to your situation. It’s also best to get legal advice before situations escalate. If you are a landlord and have questions about noise complaints, you can contact a local and experienced landlord-tenant lawyer.

Legal grounds for a noise complaint in a residential rental are that the noise is excessive, unreasonable, and disruptive. Implied in every rental property lease is the concept that every tenant has a right to quiet enjoyment of their home. This right is protected by state and local noise ordinances and noise laws. Most disputes lie in what makes a noise excessive noise, unreasonable noise, and disruptive noise.

Noise complaints can range from barking dogs to the noisy footsteps of an upstairs neighbor to loud music. A good indicator is whether a reasonable person would find the same noise or noises disruptive. Most reasonable would agree on what turns stepping into stomping, what everyday noises are acceptable noise levels, and what normal noises could become noise problems and noise violations.

Local laws and noise ordinances sometimes establish specific quiet hours for residences. Any noise that exceeds specified levels during those quiet hours can usually be considered excessive and disruptive and, therefore, constitute a legal basis for a noise complaint. 

How Should a Tenant Properly Document and Report a Noise Complaint?

Tenants should document and report noise complaints by documenting the dates, times, locations, nature, and source of the noise disruptions. A tenant should keep a log of noise incidents to establish a pattern of disruptive and loud behaviors. One barking dog incident, one incident of loud music, or one walk across the floor in high heels is not enough to establish the pattern necessary for actionable disruptive behavior. 

A tenant should also be able to record the noise disturbances. This can serve as evidence and be used in support of the noise log. A tenant should report the noise to you in writing, with the log, with evidence, and with some account of how it has negatively affected their daily lives and daily living situation. 

This documentation is crucial for understanding the issue and taking appropriate action. 

What Responsibilities Do Landlords Have When Receiving a Noise Complaint From One of Their Tenants?

Landlords have a duty to investigate the noise complaint and determine its validity. Much of your assessment can happen from the noise log and written account the tenant gives you with their complaint. 

During your investigation, you must listen to the complaining tenant and the accused noisy tenant to get a complete and accurate picture of the situation. You should also document those instances if you hear the loud noise or noises yourself. 

The landlord must act in good faith and show no favoritism in resolving the issue. Resolving the problem may require you to mediate between the tenants and negotiate a solution. The solution may require taking corrective action to minimize or eliminate the noise. 

If you ignore the noise complaints, the tenant will be upset and might be able to take legal action. Remember that tenants have the right to quiet enjoyment of their living spaces. 

What Are the Steps a Landlord Should Take to Address a Noise Complaint Between Tenants?

  • Investigate: Verify the complaint with the tenant who reported the noise. Collect information and interview witnesses and neighbors. Try to understand the situation.
  • Communicate: Talk to the tenant accused of making the noise in a respectful and friendly manner. Tell the tenant about the complaint and remind them of the noise policies.
  • Mediate: If the noise issue persists, offer to discuss it with both parties. This can lead to compromise or some resolution.
  • Administrate: You may have no choice but to enforce the noise ordinances of the apartment or the city. This might include issuing warnings, imposing fines, or, in extreme cases, eviction proceedings. However, if the complaints are unfounded, this might involve the same for the complainant.
  • Substantiate: After taking action, follow up with relevant parties and ensure the noise issue has been resolved satisfactorily. 

How Can Landlords Prevent Noise Issues When Drafting Lease Agreements?

Landlords can prevent noise issues by including clear noise policies in their leases. This noise clause requires you to specify quiet hours and define instances of unacceptable noise levels. Lease terms should outline consequences for violating noise policies, such as warnings, fines, or eviction, and under what circumstances each consequence is appropriate. Explain these policies to new tenants when they sign their leases. 

Landlords can also engage in tenant screening practices and do background checks.

Tenants who repeatedly violate noise policies should face warnings or fines at first. If they continue to violate noise policies, they should face eviction because they have violated the lease agreement and have disturbed other tenants’ rights to quiet enjoyment. 

Landlords need to document everything—complaints, noise logs, evidence of any kind, and your efforts to resolve the issue—as this will be the evidence in any legal action you take to evict the noise makers.  Handling noise complaints requires thoroughness and fairness. Leases with noise policies included can also help. If you would like help handling noise complaints or help redrafting your lease documents, contact a local, experienced landlord-tenant lawyer.

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