Tag Archives: Noise

Noisy Neighbors Drive Me Crazy. Now What?

Whether you’re a renter in an apartment building, a duplex, or any other rental home, you deserve relatively quiet living conditions, no matter how many neighbors live nearby.

While neighborly noise is to be expected once in a while, a neighbor’s blaring stereo, shouting matches, or late night dance parties might take things too far.  So what should you do when you can’t handle the noise?

What Not to Do: A Personal Story

During my renter years, I moved into what seemed like an ideal scenario: a budget rent price for a modest upstairs unit in a landlord’s house. Things seemed great at first, until the landlord and her teenage daughters regularly shouted at one another from 5 a.m. to 6 a.m., consistently waking me after just a few hours of sleep. If I tapped on the floor (their ceiling) to remind them of the noise, the landlord yelled at me to shut up! Unbelievable, right?

They also kept a young doberman in a cage while they were away at work and school. Naturally, he wasn’t thrilled about and he barked. A lot. When the kids came home from school, he barked even more, at which point the angrier of the teens would shake the cage and shout at the dog. I’m sure it was traumatic for the dog, and all the noise and anger traumatized me for years, even after I left.

I couldn’t afford to move out, so I dealt with the nighttime noise by turning on a loud fan before bed each night to help lessen the impact of the downstairs discord. I was afraid to complain too much for fear of eviction, especially since we didn’t have a written lease. Once I finally earned enough to move out, I moved, posthaste.

Quiet Enjoyment

Don’t put yourself through the anguish I suffered for years when I was too inexperienced to know how to handle such things. Every renter — even in a situation such as mine — has a right to quiet enjoyment, the right to a peaceful place to live. This doesn’t mean you won’t hear an upstairs neighbor walking or moving furniture from time to time. It means the place should be peaceful enough from day to day to sleep or to carry on daily activities without being interrupted by aggravating levels of neighborly noise.

Step 1: Give a Simple Neighborly Suggestion

If you know your neighbor — at least well enough to share a friendly smile or “hello” once in a while — point out in a calm, gentle manner that their speakers, dog, or television is so loud it’s disruptive. It could be that they’re unaware that anyone else can hear what goes on behind closed doors, or maybe they think their dog is quiet while they’re away for the day. For your own records, write down the date, a summary of what each of you said to one another, and whether the issue was resolved.

If you feel intimidated about approaching your neighbor directly, go to Step 3 below.

Step 2: Read Your Lease

If your neighbor isn’t responsive or repeatedly causes a cacophony that keeps you up all hours of the night, it may be time for more serious action. If you live in a building, read your rental agreement to look for any language about excessive noise. Make a copy of the page, highlighting the appropriate information, and give it to the noisy neighbor. Be sure to point out any verbiage about potential for eviction due to noise violations or information about “quiet hours” in which all tenants are expected to be relatively quiet.

Step 3: Contact the Landlord

Contact your landlord, and spell out exactly what’s going on: the type of noise, when and how often it happens, and any methods you’ve taken to try to resolve the issue yourself. If the noise has been going on for hours, ask an on-site property manager or the landlord to check out the situation while it’s happening.

Step 4: Get Your Town Involved

If your neighbor’s noise can be heard outside or from shared common areas such as a hallway, they may be in violation of local noise ordinances.  Contact the non-emergency police number if you can’t find this information on your town’s website. Ask the representative for information about noise regulations. If your neighbor is in violation of the ordinance, let the landlord know. It’s in the landlord’s best interest to deal with the problem since he or she could be held responsible and receive a warning or citation.

If the noise sounds dangerous or threatening or all of your efforts have seemed in vain so far, contact the police. This approach works best if the noise has been going on for hours or if it happens at the same time regularly. The police or a noise-enforcement official may visit with a decibel meter to determine whether your neighbors are in violation of local laws.

Step 4: Arrange a Meeting

Contact other neighbors to see if they’ve been bothered by the noise. If so, arrange a meeting with your landlord and all affected, including the noisy neighbor. Power in numbers may be enough to convince the neighbor to quiet down or for the landlord to evict a noisy tenant. If it seems the noisy person isn’t interested in quieting down, inform them that you and the others plan to take them to small claims court if things don’t change. Also say that the cause is well-documented by you, other tenants, the landlord, and even local authorities. All of this evidence may be enough to create a peaceful environment.

Alternate Action: Moving Out

Since you are guaranteed a peaceful living environment, you may have the right to terminate your lease if lack of peace is an ongoing issue.

Credit to Kathy Adams

Kathy is an award-winning investigative journalist, not to mention a writer, brand blogger, decor/DIY expert, renter, commercial landlord. She also writes for brands such as Behr, Kroger, Canon and Black+Decker on topics pertaining to home and apartment decorating and maintenance.

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How to Handle Noise Complaints from Neighbors

If you rent out a house in the middle of nowhere, you can rent to the noisiest tenants imaginable. Why? Because no one can hear them.

But if you rent to tenants who will live in close proximity to other people, you hope they’ll respect their neighbors’ right to quiet.

If you rent to noisy tenants, a few things might happen. You might receive a formal complaint from a building manager, a nasty email from the neighborhood HOA, or a nuisance complaint from the city if a neighbor complains to the police. If you don’t do anything about the complaints, you could receive fines until you do something.

So what should you do if you get complaints that your tenants are so loud they’re disruptive?

Determine Whether the Complaint Is Valid

Before you confront your tenant, find out the nature of the noise complaint. Your tenant could very well be causing a disturbance, but it’s just as likely that the complainant isn’t warranted. Tenants are allowed to live their lives, and sometimes that includes making noise.

Your job is to determine whether your tenant is crossing the line by being excessively noisy.

If your jurisdiction places a limit on noise decibel levels, then your tenants should not exceed this level. If your rental property is subject to noise laws and you receive a complaint, ask the department that issued the complaint to come out and measure the noise levels to determine whether there is a valid reason for the complaint.

If you don’t have regulations, you can use some common sense measures to evaluate whether your tenants are the problem or whether the complaining neighbor is just being fussy.

Here are some examples:

  • Dinner Parties
    Having people over for a get together that ends by 11 p.m. is not complaint-worthy, but regular loud parties that go late into the night are a problem.
  • Noisy Feet
    Tenants walking around their own apartment, no matter what time of day or night, is not complaint-worthy from a downstairs neighbor, but if your tenant is jumping rope or acting out their own WrestleMania session at midnight, that’s valid.
  • Barking Dogs
    A dog that barks occasionally is not complaint-worthy, but a dog that barks incessantly all day or night is.
  • Loud Arguments
    Disagreements between partners are bound to happen, and an occasional argument is not complaint-worthy, but a nightly screaming match is.

If the Noise Complaint Isn’t Valid

Let the complaining party know that you have researched the noise complaint. Tell them what you did to determine whether your tenant is guilty of a noise violation or not. If you found out your tenant didn’t do anything wrong, let the complainant know that you didn’t find any evidence to suggest the complaint was warranted.

If the Noise Complaint Is Valid

If you’ve received multiple complaints from a variety of sources, your tenant is probably being too noisy. You might also wish to witness for yourself whether the complaints are valid by driving by your rental property and seeing for yourself.

You need to address this issue with your tenant immediately. If your tenant is being too noisy and interfering with the neighbors’ peace and quiet, you should tell your tenant to keep the noise at acceptable levels. Explain the problem and what you expect your tenant to do to resolve the problem.

Sometimes the resolution is easy. If a downstairs neighbor complains about noise coming from upstairs, for example, put down area rugs. If your tenant listens and stops the noisy behavior, problem solved. If not, and the complaints continue, you may need to evict.

Have a Clause in Your Lease

You can protect yourself from noise problems by including a noise, or quiet hours, clause in your lease. That way, if your tenant violates the noise clause, you can act based on the lease terms, such as fining them if you receive a valid noise complaint.

Here’s a sample of a noise clause from a lease, courtesy of the University of Rhode Island.

Note: This lease pertains to university students in the state of Rhode Island. You can, however, personalize your lease to meet your needs. Please consult a lawyer when preparing your lease.

Screen Tenants

The best way to ensure you’ll rent to tenants who won’t cause trouble is to screen them first. Run a background check and check references to determine whether potential tenants have a history of complaints against them. I use Cozy tenant screening, and I recommend it.

Bottom Line

If you get complaints about a noisy tenant, you need to do something about it. Don’t rush to judgment by automatically blaming your tenant. But don’t ignore the complaints, either. It’s best to come up with a compromise that everyone can live with.

Now, peace out everyone.

Please let us know in the comments your experience with noise and how you handled it!

Credit to Laura Agadoni

Laura is a landlord, journalist, and author of New Home Journal: Record All the Repairs, Upgrades and Home Improvements During Your Years at…. Her articles appear in various publications such as Trulia, The Houston Chronicle, The Motley Fool, SFGate, Zacks, The Penny Hoarder, and loanDepot.

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How to Deal With Noisy Tenants in Your Apartment Building

Every renter deserves peace and quiet. But people interpret “quiet” in different ways, which can lead to uncomfortable situations for landlords.

For example, consider this true story that I call “The Case of the Midnight Guitarist.” The landlord, a friend of mine who owns several properties in California’s San Lorenzo Valley, told me about a musician who lived in one of two rental units in a quiet, creek-side setting.

My landlord friend asked the guitarist to wear headphones, but he refused. All the renters had signed a standard rental agreement that failed to address noise issues, so my friend faced a quandary: How to ensure that every tenant experienced quiet enjoyment without violating the guitarist’s rights?

What is Quiet Enjoyment?

An implied warranty between the tenant and landlord, a provision for “quiet enjoyment” may contain the word “quiet,” but that doesn’t necessarily proscribe noise. It simply means that the tenant is entitled to undisturbed use of the premises. Courts read this warranty into every lease, whether or not it’s expressly stated.

Among the benefits it guarantees are:

  • Use of all amenities supplied with the unit.
    If an appliance breaks, the landlord has to fix it.
  • Unimpeded access to the unit.
    The landlord is expected to keep the driveway clear and all doors and lock sets in good working order.
  • Freedom from intrusion.
    In the absence of lease violations or overt damage to the premises, tenants have a right to privacy, which includes freedom from an unreasonable number of landlord visits.
  • Peace and quiet.
    The landlord must address any disturbing noise within his or her control, such as a chirping smoke alarm.

One Person’s Noise is Another’s Music

It’s difficult to make everyone happy all the time. In the case of the midnight guitarist, one set of tenants was disturbed. But the guitarist viewed the noise he created as inspiring. As far as he was concerned, his guitar playing constituted quiet enjoyment of the premises.

After my friend received several complaints, he voluntarily granted the aggrieved tenants a rent reduction to encourage them to stay. My friend lost money, because of his failure to address noise in the lease.

A properly worded lease can provide much-needed leverage.

The landlord’s bottom line was affected the most, because he failed to address noise in the lease.

Avoid Generic Rental Agreements

My friend used a generic California rental agreement downloaded from the internet. It contained no specific quiet enjoyment clause and did not address noise at all. Covering little more than rental payments, late fees, and security deposits, it left most other issues—such as maintenance and usage guidelines—open.

There’s nothing “free” about a free lease template. It’ll cost you thousands of dollars in damages.

More sophisticated leases usually contain a quiet enjoyment clause, but it generally covers the use of the unit itself—not the impact of the tenant’s use on other renters. It is possible, however, to include language concerning noise in that clause. Moreover, the clause can contain a caveat, such as “subject to all terms and provisions of this lease,” and the lease can address potential disturbances in a separate clause.

Enforce Quiet Hours

An effective way to ensure equal enjoyment of quiet time for all tenants is to specify hours during which noise is to be kept to a minimum. These hours may differ on weekdays and weekends, but they typically begin at 10 p.m. The lease should specify that “quiet time” applies to guests as well as tenants.

Also check with your local county or town code enforcement office. They might already have noise ordinances in place, which you could enforce. The great thing about noise ordinances is that if a tenant doesn’t comply, you can call the police and they will enforce it for you.

Resolving Disputes

Even if all renters agree to a “quiet hours” clause, it can be difficult to resolve a dispute. Different people tend to have different noise thresholds.

Landlords typically use some of the following criteria to help them adjudicate noise complaints:

  • Multiple complaints.
    Has more than one tenant complained? Multiple complaints carry more weight than one from a (possibly oversensitive) individual.
  • Recurring issues.
    Are complaints recurring? This points to a pattern of willful disturbance.
  • Source of the noise.
    Is the noise a product of everyday activities? An 80% carpet rule can help prevent noise disturbances in the case of multistory dwellings.
  • Actions to remedy.
    Have any steps been taken to address the source of the noise? The Midnight Guitarist, for example, may have tried turning down the volume.
  • Documentation and credibility.
    Has the complaining tenant documented instances of disturbances? Dates, times, and estimates of noise levels are all helpful.

Penalties

The quiet hours lease clause should also specify penalties for violation. Eviction should be an option but not the only one. A monetary penalty should prevent recurrences in most cases.

A Sample “Quiet Enjoyment” Clause

While the exact language to use in a quiet hours clause may vary from state to state, a typical one might look something like the following:

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