Noise and the Renter's Rights

Laws and regulations govern how much noise is permissible near a person's home.

States have enacted laws giving the right to tenants and homeowners to enjoy their home without disturbing noise from the outside world. Every state has its own individual list of rules and guidelines regarding noise near a person's place of dwelling. In fact, the Federal Noise Control Act helps model states' laws concerning loud noise interrupting the quiet enjoyment of a person's home.

Stopping the Noise

The court will order an injunction to stop the excessive noise.

A tenant can ask the court of his or her state to stop neighbors from creating excessive noise. The court will require the tenant to provide proof that the noise is causing some type of damage or disturbance, such as reducing the value of the person's home. If there is proof, the court will declare an injunction forcing the neighbors to be quiet.

Judicial Test

A court can order an injunction to stop the noise.

There are many states that have implemented a judicial test in order to determine if the noise qualifies as "illegal." Illegal noise means that the noise is so great that it is unreasonable in nature compared to ordinary noise, such as a crying baby. However, if a tenant or homeowner has knowledge of the noise level before he or she moves into the dwelling, many courts refuse to order an injunction.

Police

A tenant can call the police to report loud noise from his neighbor.

If peacefully confronting the noisy neighbor does not work, the complaining person has the legal right to call the police and report a "breach of the peace." The police may then visit the noisy neighbor and ask him to be quiet. If the police are unable to keep the neighbors quiet, the tenant should employ a lawyer to file a civil complaint. The complaining person can also file the civil complaint himself. This civil complaint will ask the court to declare an injunction ceasing the noise.

Apartments

The landlord has a legal obligation to tell the noisy neighbor to stop the noise.

Even though the tenant of an apartment does not actually own the property, because he is paying rent to live there, he has the right to quietness. The tenant would need to speak with the landlord, who has a legal obligation to make sure there is no further disturbance. If the landlord does not take action, the landlord must allow the tenant to be released from his lease, which is called a constructive eviction. The tenant is released from her lease without any legal action or additional fees for early termination.

Bars

Cities have noise ordinances governing the noise bars create late at night.

There are some situations where there are bars, liquor stores or nightclubs that are built near places of residence. Cities have ordinances preventing excessive noise during evening hours. They forbid businesses from making loud noise, such as music, late at night.

References

• Gottrouble.com: Noise Law - Legal Limits and Nuisance Law