Is it possible to have a lease clause that talks about noise? Seems like it should be obvious that all people make noise, but what constitutes a reasonable level of complaint?

Nuisance and disturbance issues should always be adequately addressed in your lease agreement.

A lease agreement should always include a clause that prohibits tenants and their guests from creating a nuisance by disturbing or interfering with other tenants’ right to the quiet enjoyment of the rental property. If a tenant or guest 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.

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 most 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 verify with previous landlords whether warnings and/or notices for noise or disturbances were issued to that tenant or whether the tenant had a history of complaints about noise from other tenants.

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 its 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.

The rules for community living must be clear and 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.

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