- 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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Neighbor’s Early Morning Alarm-Radio
Do I Have the Right to Expect “Quiet” in My Apartment?
Blaring Music & Weather Reports
Q. I work the late shift and usually get up at about 9:00 am. However, since the new neighbor moved next door to me I am jolted awake by his 5;30 am radio alarm blaring music and early morning weather reports. My neighbor’s radio alarm is so loud I can feel the adjoining wall next to my bed vibrating.
I went next door and politely explained to my neighbor that I work most evenings and need my sleep but when his radio alarm goes off the music is so loud it rattles me from my sleep and I am unable to get back to sleep.
Apologetic Neighbor
My neighbor was apologetic and explained to me he has been working 14-hour shifts and that he is a very deep sleeper. He mentioned that sometimes he sleeps so deeply that not even the radio can wake him up. He said he would lower the volume and move his alarm closer to where he sleeps. The volume seems a little lower now that I sleep with foam noise-canceling earplugs, but the radio is still waking me up every morning.
Reporting Noise To Landlord
I have repeatedly reported the problem to my landlord, who said he would speak with the tenant and try to find a solution to the problem. That was three weeks ago and now I am sleeping in the living room and with my bedroom door shut to muffle the noise. The noise problem persists and it’s not fair that I can no longer sleep in my own bedroom. I have documented my complaints to the landlord by making copies of the letters I have sent him.
Is there anything I can do?
A. Yes, excessive noise is a form of private nuisance and you have several legal options. Most cities have noise laws that regulate the amount of noise, duration, and the times at which certain noise levels can occur.
Landlord’s Duty to Ensure Tenant’s “Quiet” Enjoyment
Under the law, you have a right to the quiet enjoyment of your property, and that includes ensuring you can enjoy a reasonable level of peace and quiet in your apartment. From a legal perspective, the issue to be resolved is what is reasonable under the circumstances.
Loud and continuous noise early in the morning preventing you from having a good night’s sleep will likely be considered unreasonable, and if so, your landlord is under an affirmative duty to take measured action to remedy the situation or risk being in breach of the lease.
Document Your Complaints
It is excellent that you have documented your complaints which will be evidence should the landlord take the ultimate remedy of evicting your neighbor. If the landlord fails to take action, technically, the landlord is in breach of the lease, and you may seek legal action against the landlord for damages. For this reason, the landlord will be sufficiently motivated to take action, especially if the landlord knows you have been documenting your complaints.
Give Written Notice to Noisy Tenant
The landlord will first need to follow the eviction laws in your state, usually requiring the landlord to first provide the noisy tenant with written notice of the problem and demand that the tenant take immediate action to stop the noise abuse.
If the problem is not corrected within a reasonable time, the landlord has the option to commence eviction proceedings.
Right to Terminate Lease
If your landlord fails to take legal action and refuses to evict the tenant, then you probably would have sufficient cause to terminate the lease and move out of your apartment.
Suing Landlord For Breach of Lease
You would then have the legal right to sue the landlord for your moving costs and all related reasonable relocation expenses. But there might be a more straightforward course to follow.
Consider Contacting The Police First
Consider reporting the noise violation to your local police department and request they make a visit to your noisy neighbor.
Reporting Noise Violations To The Police
If your neighbor refuses to reduce the noise and violates the local noise laws in your community, you might try calling the police and filing a formal complaint against your neighbor.
The police will not arrest the neighbor but might try to help you resolve the issue by making a personal visit to your neighbor to discuss the problem. No one likes to wake up to the presence of a police officer at their doorstep– so this approach might work as a scare tactic.
Tenant Rights Lawyers
Should you have more questions consider consulting with a verified online tenant rights lawyer for specific legal advice.
