Noise is one of the more common complaints a landlord receives from a tenant. This article discusses issues typically arising from noise complaints and offers guidance on how to address them when they surface.

The Right To Quiet Enjoyment

Every renter has a right not to be disturbed by excessive noise. This right is one of “quiet enjoyment” in landlord/tenant law parlance, and is implicit in every rental contract in California and elsewhere. If interfered with by the landlord, it is considered a breach of habitability, possibly a constructive eviction, and subjects the landlord to liability for any resulting damages. If proved, the courts may allow the tenant to leave without paying rent, exit a lease early, and award other consequential damages resulting from the interference. Because of this exposure, it is critical for the landlord to address noise complaints quickly and effectively.

Common Problems Arising From Noise Complaints

Noise complaints can be difficult for a landlord for multiple reasons. First, they don’t leave a trace like other types of physical trespass can. Additionally, how loud a noise complaint actually is tends to be subjective and subject to differing views as to its excessiveness.

Also, the landlord frequently has to rely on secondhand information since the landlord typically is not at the premises when the problem arises. And many disturbances occur in the middle of the night, making it hard to clearly identify the source or duration. Unless the landlord catches the sound being made firsthand, attempts to reconcile conflicting parties can be difficult. Addressing complaints quickly and efficiently so noisy tenants don’t get on other’s nerves is key to resolving them for the benefit of everyone involved.

Responding To Noise Complaints

The first step in the process involves a landlord’s due diligence in obtaining the details of the problem from the complaining tenant and any other involved parties (like next door neighbors). The initial objective is to try to determine if the noise is truly unusual, excessive, or unnecessary, or instead part of normal living. That boundary is often a grey area which is why getting the details helps the landlord prepare to talk to the offending tenant. Listening attentively to the complaining party helps to identify and pinpoint the problem and see if it’s an issue that can ideally be dealt with a mutually acceptable compromise for everyone involved.

After gathering all the facts, the next step is going to talk to the offending tenant. Assume the complaint is legitimate, the offending tenant should be made aware of the complaint and given a warning to cease the offending activity. Advise them that they are in breach of the rental or lease agreement which is grounds for a fine, eviction or both. Hopefully, a warning may be enough to solve the problem.

Upon receiving further complaints, it may be prudent to involve law enforcement in an attempt to resolve the problem, especially if the disturbance is occurring past a certain hour and impacting people’s sleep. Make every attempt to contact the police when the sound is occurring. If that’s not possible, record the sound if possible and be prepared to share the recording with law enforcement when they arrive. Involving law enforcement demonstrates your complaint is serious and can be used in a court of law to support your case.

If the disturbance persists after these measures are taken, you will need to initiate and complete the eviction process in order to solve the problem. Make sure you have all of your evidence available and organized before starting the process.

If you are having issues with noise complaints and want to learn more, please contact us for a free consultation. We can be reached at 888-441-2355 or by email at info@lynxlegal.com Our experienced representatives are standing by to answer any questions you may have.