Excessively loud noises can invade one’s private space or right to “quiet enjoyment.” This is a more common problem in apartment complexes with units separated by just walls, but also present in housing subdivisions. Tenants often encounter conflicts with neighboring tenants who might cause a lot of racket that disrupts the peace that most tenants want to enjoy.

This is one of the trickiest problems a tenant and landlord have to fix because even the law has vague criteria on what is considered as disruptive noise. It may be challenging but it is not impossible. There are a few ways for a landlord to address the issue, but it should start by first evaluating whether or not the noise complaint is justifiable.

When is a noise complaint justifiable?

Even though you want to preserve the right of every tenant to a peaceful and quiet living space, it doesn’t mean that tenants are expected to be completely silent for their entire tenancy. All tenants must understand that there are normal day to day noise that can’t be avoided. This includes talking, moving around one’s home, or closing doors, cabinets, drawers — to name a few.

Then there’s the disruptive noise. This is usually based on how loud the noise is and how often it happens. Excessively loud music or house parties are easier to justify as disruptive.

As mentioned earlier, it can be a bit tricky because what others consider as excessive noise might just be normal for some. And there are instances when normal daily activities (e.g. footsteps on the upstairs unit) become disruptive, but the source of the noise is completely unaware that it’s causing a neighbor disturbance.

What can landlords do?

Before noise disruptions even arise in your rental units, the first best thing for you can do as a landlord is to have a clear set of rules that prevent your tenants from making excessive noise, partnered with a clause in your leasing agreement that would address noise violations.

SET RULES

There are a few rules you can apply that your tenants must follow to avoid getting noise complaints from other tenants:

• Set “quiet hours” in your apartment building. This means that by a certain timeframe (e.g. 8 pm until 6 am), all tenants must ensure that the noise coming from their unit must not be loud enough to be heard by neighboring tenants.
• Limit visitors. When a tenant entertains a lot of guests in their unit, it can get too noisy. Limit the allowed number of guests they can have at a time and set visiting hours. If you allow tenants to have occasional sleepovers, make sure their guests are aware of the quiet hours you have set.

NOISE CLAUSE

In your leasing agreement, it’s best to have a clause that specifically outlines your rules on noise management and your process of handling noise complaints.

Should they experience noise disturbances, you can require your tenant to do a few initial steps before they ask you to address the complaint yourself. Let them document the noise that they are complaining about. This will serve as proof of the existence of the noise.

Let them try to settle the issue with the noisy neighbor first because the latter is simply unaware of the disturbance he is causing. Usually, a respectful conversation between neighbors can instantly fix the problem.

After they have done those steps, they can reach out to you. The first thing you need to do is to inform the tenant causing the noise that a neighbor is complaining. Then investigate the issue by checking the noise documentation and evaluate if it is indeed disruptive. If it is, then you should ask the noisy tenant to stop making the noise along with a reminder of your noise rules and regulations.

If the tenant continues to cause noise violations despite the warnings, your tenant can request police intervention or they would break the lease and move out earlier than intended, and it won’t be illegal. Both options would not do you any good.

You, on the other hand, can either give rent discounts to the tenant who is continually disturbed by the noisy neighbor, or you can evict the noisy neighbor for repeatedly violating your leasing agreement.

Make sure that you have a clear set of guidelines and processes regarding noise violations. Once you have those in place, post your listings in Padleads and include the noise regulations you have on your units to attract more clients who want a peaceful and quiet home.