- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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When Noise Interferes With The Quiet Enjoyment Of One’s Property
Property owners and renters of property owners have the right to the “quiet enjoyment of their property.” Including being free from intrusive noises caused by sources such as noisy neighbors, loud maintenance crews, and busy construction sites.
Can I stop my neighbor from making too much noise?
Yes, you can. While courts have the judicial authority to enjoin and stop noisy neighbors, most courts require some proof of tangible harm to the complaining party before taking injunctive action to cease the disturbance. Suppose it is the government that is the source of unabated noise. In that case, the fifth amendment to the Constitution protects homeowners from a diminution of their property value without just and due compensation.
How much noise is legally too much noise?
Local ordinances prohibit excessively loud noise levels
Most states have employed a judicial test in determining the difference between legal and illegal noise levels. If the noise is such that it offends the “ordinary sensibilities,” the court has substantial authority to order injunctive relief to stop the noise.
Notwithstanding, most noise laws do not protect people who voluntarily and knowingly choose to live near the source of the noise disturbance. In short, the law does not allow you to follow the nuisance and then expect to be allowed to take legal action to stop it – or recover damages as a result – no matter how annoying or disturbing the noise might be.
Do zoning laws protect against excessive noise?
Zoning laws permit people to sue for abatement of the nuisance
Yes. This is the primary reason for having zoning laws. Many municipal districts have enacted zoning laws prohibiting noise disturbances exceeding a specific decibel level. Many municipalities have enacted ordinances that limit noise based on the time of day. We suggest you obtain a copy of the local noise abatement ordinance to determine whether there is a mandatory process to resolve the disturbance.
Should you report the noise to the police?
Consider speaking informally with the tenant first
You should probably consider communicating with your neighbor to discuss the noise issues personally and informally. Often, a noisy neighbor is unaware of the noise problem, and stopping it requires only a polite and friendly request to lower the noise.
More often than not, neither drama nor anger is needed to resolve the problem between neighbors. However, if a friendly conversation or letter doesn’t do the trick, you might be left with no choice other than to file a “breach of the peace” complaint with your local police. If the police cannot are unable to resolve the noise problem, you may have to proceed with retaining a property lawyer to file a civil complaint to abate the nuisance or handle the matter yourself through the small claims process.
What about mediating a noise dispute?
Consider the alternative dispute process as early as possible
Most mediations concerning noise abatement occur only after a civil lawsuit has been filed, and the litigating parties have concluded their preliminary discovery. Mediation is a constructive and often successful alternative to litigating a noise dispute mostly because the opposing parties have the chance to focus on fashioning a joint resolution to their noise dispute.
How to report excessive noise to my landlord?
Apartment living usually means having to share common walls with your neighbors. Sharing walls can become problematic quickly – especially when it comes to loud music. Even though you are renting and do not own the property, you are still legally entitled to the quiet enjoyment of the property.
Constructive eviction
Landlord is legally responsible for ensuring the tenant’s quiet enjoyment of their property
When a landlord fails to take affirmative action to remedy the disturbance it can quickly backfire into a lawsuit against the property owner. This scenario is called constructive eviction which often results in the tenant retaining a lawyer to sue the landlord for breach of the lease agreement and recover damages. At the very least, your lawyer should try to convince the owner of the building that it would be in their best interest to evict the problem tenant rather than chase away the complaining tenant.
What about noisy bars and liquor stores?
Bars and liquor stores located near residential property zones can quickly become problematic during the evening hours. Consequently, cities have enacted noise prevention ordinances, prohibiting commercial enterprises from making loud noise or playing outside music during the late evening hours.
What about party noise caused by neighboring tenants?
Noise violations of this kind are most common in college towns where college tenants host parties, serve alcohol and play loud music, sometimes late into the night. Such gatherings, especially if they are often enough, can create a continuing nuisance and, depending on the size of the gathering, can even risk the safety of other tenants and damage property.
Some building management companies have added specific language in their tenant leases requiring tenants planning to host a party to first notify building management and inform them of how many guests are expected so the building and the tenant are not violating local occupancy regulations. The lease may also require that social gatherings end at a specific time, such as midnight.
Suppose other tenants complain about the frequency of a particular tenant’s parties and excessive noise, sometimes going into the late evening hours. In that case, the landlord may decide to evict the tenant because the tenant has become a nuisance to other tenants. Specifically, preventing other tenants from their right to the quiet enjoyment of their property.
Convincing the tenant to vacate without having to file an eviction action
The “cash-for-keys” approach to Removing a problem tenant
As an alternative to eviction, some landlords depending on the situation may want to solve the problem quickly and without further disturbance to other tenants. Rather than the landlord going through the expense of an eviction, some landlords choose to handle such matters more discreetly by making the tenant an offer they can’t refuse.
Specifically, the tenant agrees to vacate the apartment quickly, quietly, and by a certain date. In exchange, the tenant will have their full security deposit returned, with no penalty for early termination of the lease, and the landlord will agree to sign a mutual release of all legal claims.
Should the problem tenant be reluctant to accept the offer, some landlords have been known to sweeten the deal by offering a cash incentive when the keys are returned after the final inspection.
Property Lawyers
Should you like additional information consider consulting with an online real estate property lawyer.
