Noise Complaints
Noise Complaints
Noise can be a nuisance. Noise is frequently cited by tenants as one of the biggest issues in multi-family properties.
A tenant’s noisy behaviors can be disruptive to his neighboring tenants which in turn can cause problems for the landlord. Noise complaints from tenants should not be ignored by landlords. Any complaint should be taken seriously and investigated accordingly.
Sometimes tenants complain about noise that is not in the landlord’s control. Noise and disturbances that occur off the rental property, such as a barking dog on a neighboring property or loud street traffic, can be nuisances but are not the landlord’s responsibility. However, if a tenant’s dog barks all night or a tenant plays his music too loud, other tenants expect the landlord to take responsibility to address the issue and take appropriate action. A noise disturbance involving domestic violence should be reported immediately to the appropriate law enforcement agency.
In handling a complaint, a landlord should acknowledge the complaint, listen to what the complainant has to say, and then state that the matter will be investigated and feedback provided. Tenant complaints of excessive noise against another tenant can be troublesome since one tenant’s complaint of noise may simply be part of another’s tenant’s daily living routine. Noise happens with ordinary living activities. In multi-family living, even ordinary noise can be magnified. All tenants create some noise but some tenants are more sensitive to noise than others. It will take some time and effort on the landlord’s part to investigate, evaluate, and respond appropriately to a complaint.
There are some rental practices that can help a landlord handle noise complaints and possibly reduce tenant complaints about noise. As a first step, the landlord should act on the complaint as quickly as possible.
Why is it important to address noise complaints in a timely manner? A landlord has the duty of care to ensure the tenant’s right to quiet enjoyment of the rental premises. The tenant’s quality of living can be compromised by a nuisance. If a complaint is ignored or dismissed, the landlord can be subject to legal actions for tolerating the nuisance. Tenant remedies may include abatement of rents, release from the lease agreement, or even damage awards.
The landlord should keep in mind that failure to protect tenants’ rights for quiet enjoyment could damage the reputation of his business and affect the marketability of his property. A landlord who tolerates a nuisance may find it more difficult to attract applicants which could extend vacancy periods. More importantly, existing good tenants may choose to move on once their lease has expired.
A landlord’s lease agreement should always include a clause that prohibits tenants and their guests from creating a nuisance by disturbing or interfering with the quiet enjoyment and peace and quiet of the rental property by other tenants or nearby residents. If the tenant violates the lease by creating a nuisance with loud or excessive noise, the landlord’s actions should be in accordance with the remedies set out in the lease or by law.
An oral warning may be given to a tenant for a first offense. Repeated violations of the lease by the tenant for noise disturbances may require a cure or quit notice to end the nuisance or be subject to eviction. The majority of states allow landlords to terminate a tenancy for a tenant’s repeated violation of the terms of the lease agreement. An eviction may be necessary to protect the rights of other tenants to peace and quiet.
A landlord should keep detailed documentation of the complaint, actions taken, and resolution as part of his tenant files. In the event of legal action, it may be needed to substantiate the landlord’s actions.
Some landlords may advise tenants with complaints about other tenants to work it out directly with each other. The emotions of some conflict situations may make it inadvisable to depend upon either tenant to work toward a mutually satisfactory solution. A landlord’s better practice is to manage his business by enforcing his lease agreement terms and conditions.
A landlord’s lease agreement is a powerful property management tool. The lease agreement is the legal contract between landlord and tenant with specific duties, obligations, terms and conditions of tenancy. The lease agreement is the governing document to enforce rules for tenant behaviors and remedies for tenant breach of contract. Therefore the lease agreement must be strong enough in language and terms and conditions to protect tenants’ rights and, when necessary, to evict a tenant who commits repeated violations of the lease or a material condition of the lease.
The rules for community living must be clear and to serve as a guide for resident behaviors and to act as a deterrent for unacceptable behaviors. Landlords should incorporate as much detail in their lease agreements as needed to protect the property and the residents. Caution is advised that arbitrary or excessive rules and regulations can serve as a deterrent for business. Tenants do not want to be regulated or restricted unnecessarily, unfairly, or illegally. Lease clauses must comply with applicable federal, state, and local laws for fair housing, consumer protections, and landlord-tenant statutes. Any policy, procedure, practice, rule or regulation cannot discriminate against a protected class or characteristic nor deny rights afforded by law.
As an example of a lease clause that might help with noise and disturbance complaints, a landlord could include in his lease a clause that sets a noise curfew, designating the hours for “quiet time” at the rental property, perhaps between 10:00 p.m. and 6:00 a.m. Additionally the lease clause could list some of the common noise disturbances that are prohibited, such as loud music or TV, barking dogs, or noisy parties. Having specific rules will make it easier for tenants to understand what is expected and the consequences for violating the lease.
Explaining landlord rental policies and qualification standards during an applicant interview can help an applicant understand what is expected of a tenant. In qualifying an applicant as part of standard tenant screenings, a landlord should check with previous landlords to determine if warnings and/or notices for noise or disturbances were issued to that tenant during his stay at their property. Previous warnings and notices may be an indication of potential future problems. The landlord may need to further discuss findings with the applicant.
As part of tenant move-in orientation, the landlord should review all material lease clauses with the new tenant, emphasizing the rental rules and regulations including noise restrictions, quiet hours, and the consequences of violation of the rules. The landlord should emphasize to the tenant that by the tenant’s signature on the lease the tenant acknowledges his understanding and consent to terms and conditions. A tenant should also understand that he is responsible for his guests’ conduct and adherence to rules and regulations while the guests are on the rental property.
Noise and noise related complaints are part of community living. Landlords can help to reduce noise complaints through specific lease language, adequate tenant screenings, addressing complaints promptly, and enforcement of rules and regulations.