How to Deal With an Apartment Noise Complaint
Noise complaints are one of the most common (and one of the trickiest) situations for Property Manager and their tenants. All tenants have the right to “quiet enjoyment” of their rental property, but what that actually means can vary. Neighbors are allowed to make (some) noise in their homes, and a Property Manager can only address the noise disturbances they have control over.
Since there aren’t specific laws addressing each type of noise, it’s up to the lease to outline what is and isn’t acceptable — like building “quiet hours” or guest policies. If these details aren’t in the lease, then it’s on the Property Manager and tenant to come up with a solution.
Quiet enjoyment is the right to undisturbed use and enjoyment of a property by the tenant. It’s implied in all rental leases, even if it’s not specifically stated.
What Is a Justifiable Noise Complaint?
The right to quiet enjoyment doesn’t mean every tenant gets to live in complete silence. There is, however, a difference between normal noise and excessive noise. Normal noise is noise caused from everyday activities, like walking, talking, and doors closing. Excessive noise is the noise that doesn’t fall under the “everyday” category, like constant loud music or noise from parties.
While there are no hard and fast rules here, complaints about normal noise (like loud footsteps from an upstairs neighbor) are going to be harder for a Property Manager to address and put a stop to.
Normal noise is everyday noise that takes place in an apartment, like walking or talking. Excessive noise is usually reoccurring and not part of “normal” living — like constant loud music or a dog that won’t stop barking.
What Can a Tenant Do?
If the noise becomes a problem and a tenant feels that their right to quiet enjoyment is being violated, it’s typically up to them to take the first steps in addressing the problem.
The Tenant should document the noise:
Make a note of when the noise is happening, what it is or what it sounds like, and how often it’s occurring. The more detail you can provide your Property Manager, the better. Plus, you’ll need to have a reasonable case for your Property Manager to take action.
Talk to your neighbor:
As a Property Manager, I would suggest that the tenant bring up the noise issue with the neighbor first. Best case scenario is this solves the issue completely — a neighbor might not realize the noise they’re causing. That said, if the Tenant does not feel comfortable approaching a neighbor, then you as the Property Manager have to take action.
Ask for help:
If the Tenant approached a neighbor and the noise still hasn’t stopped, then, you, the Property Manager should address the issue (in writing) and check the lease for specific noise clauses. Some buildings outline quiet hours or guest policies which could help your case.
If you believe the noise falls under the “excessive” category you can get the police involved. It’s best to call the police when the noise is happening so you can demonstrate why you think a noise ordinance or lease is being violated.
Move out:
If you’re dealing with excessive noise, the Tenant may be able to break their lease. Make sure you have a paper trail of your efforts of addressing the noise problem and consult your company attorney.
What Can a Property Manager Do?
It’s a Property Manager’s responsibility to address noise complaints in their rental properties. A tenant has a right to quiet enjoyment, and there can be financial repercussions for a Property Manager who neglects to address excessive noise. That said, Property Managers can only deal with the noise they can control, and they’ll have to make decisions about whether the noise is actually “excessive” or not.
Identify the noise and inform the Tenant:
A Property Manager needs to identify where the noise is coming from and evaluate the complaint. In some cases, a tenant may be overly sensitive to noise in their unit, even if it’s normal, everyday noise from a neighbor.
Once a tenant brings a noise complaint to a Property Manager attention, the Property Manager needs to inform the Tenant who’s causing the noise that a complaint has been filed against them. To take action on a noise complaint — especially if a loud tenant needs to be evicted — a Property Manager needs written documentation of recurring noise problems and to have notified the tenant in violation.
Have a clause in the lease:
Since there are no concrete laws surrounding noise violations, the best way a Property Manager can enforce noise regulations is by having them clearly stated in the lease. Outlining specific “quiet hours” or limiting the number of overnight guests allowed in a unit can help set guidelines for tenants and give the Property Manager something to reference in the event of a noise issue. Typical lease clauses may address noise issues by stating when “quiet hours” are to be observed during the week and weekend.
For example: during the week “quiet hours” are from 8 AM to 9 PM and on weekends from 8 AM to midnight.
Take action:
A Property Manager should address a tenant’s noise concerns, even if the Property Manager doesn’t think the noise is necessarily excessive or a violation. The Property Manager needs to be able to demonstrate they’ve taken steps to resolve the issue, especially if further action needs to be taken.
If a tenant is still being disturbed by noise and the Property Manager is unable to eliminate it, the Tenant may try to break the lease, but the Property Manager can also take measures to evict the Tenant who is causing noise issues.