Landlord Responsibility for Excessive Noise
A landlord has a responsibility to ensure that tenants do not cause excessive noise and disturb the neighbors. Most rental agreements for residential and commercial properties contain a clause titled “quiet enjoyment.” Under this clause, tenants have the right to occupy a rental property free of external disturbances. In turn, tenants have to respect the same rights of other tenants, and it is the landlord’s duty is to implement the clause effectively. Landlords have the right to ask tenants to be silent if the noise level is excessive.
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Quiet Enjoyment Clause
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The quiet enjoyment clause provides for a noise-free environment in residential and commercial spaces. It is a fundamental clause that protects tenants from excessively loud noise made by other tenants. The landlord has the authority through good title to the rental premises, to intervene. Tenants refusing to abide by this clause can be evicted by the landlord through proper court procedures. The quiet enjoyment clause features in the lease or rental agreement and sets out the limitations for quiet enjoyment.
Noisy Pets
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The lease agreement for a residential rental property specifies the terms and conditions of the lease including whether it is a pet-friendly building. However, even if there is a “no pets” clause, the tenant cannot be evicted for simply having a pet. In rental units where there are pets, the landlord has the right to evict the tenant if the pet is responsible for making noise that is offensive and disturbing to the neighbors ,such as a dog that barks loudly and incessantly.
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Noisy Roommates
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Tenants in residential properties may have roommates and the landlord cannot evict the tenant on these grounds. However, if the roommate causes problems by making loud noises, the landlord has the right to evict the tenant. When the activities of the roommate affect the other tenants unfavorably, and disturbs their peace and right to peaceful living, the landlord has the right to evict the tenant.
Criminal Offense
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In the U.S., disturbing the peace by making excessive noise in a residential area or commercial space, by law is a minor criminal offense. The laws vary in each state, but in general, unnecessary and unusually loud noises violate the quiet enjoyment clause and disturb the peace. Noises can vary from the use of musical instruments to loud television, machines, tools, party noises and other noises that adversely affect the auditory sensitivity of the neighbors. The landlord has the right to call the police to resolve the problem.
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