Tenant Rights in Pennsylvania Against Noisy Neighbors
Under the terms of a standard lease, tenants have the absolute right to the peaceful possession of their homes. When the right to peaceful possession is compromised by excessive noise caused by noisy neighbors, Pennsylvania law mandates that tenants have the right to demand that the situation be resolved. Should the excessive noise continue to be a problem, the law provides a variety of remedies the renter may utilize to obtain a peaceful resolution.
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The Right to Quiet Enjoyment
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The laws of Pennsylvania protect a tenant's right to quiet enjoyment of his home. Quiet enjoyment includes the right to peaceful surroundings and the right to undisturbed use of the residence by a tenant or landowner. This right is implied and enforceable whether or not a clause including the right to quiet enjoyment is contained in the verbiage of the lease. When a tenant's rights to quiet enjoyment are impeded by excessive noise, a formal request for corrective action must be sent as a means of documenting the issue in case further legal action becomes necessary.
Refusal to Pay Rent
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Pennsylvania law mandates that, if a landlord makes no attempt to address excessive noise after receiving a formal tenant request to do so, the tenant has the right to refuse payment of rent until the matter is resolved. In order for the tenant to exercise the right to refuse to pay rent, valid documentation must be shown that the tenant requested to have the issue resolved without success at least 30 days prior to the tenant ceasing to pay rent.
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Termination of Lease
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After the tenant sends a formal request for corrective action to the landlord and stops paying rent as a result of excessive noise, the tenant may terminate the lease and vacate the premises based on the landlord's failure to ensure the tenant's right to quiet enjoyment. If, however, a court determines that the landlord did everything possible to resolve the issue, the tenant may be liable for any rent owing for the remainder of the lease.
Criminal Sanctions
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In addition to refusing to pay rent and exercising their right to terminate the lease, tenants who have suffered excessive noise from neighbors can file a formal police complaint with their local police department. Under Pennsylvania law, disturbing the peace consists of excessive noise, failure by pet owners to control barking dogs, fighting or the use of profanity within earshot of the public if it can be shown the act is malicious and willful in its intent. Pennsylvania law mandates that disturbing the peace is punishable by up to one year in jail in addition to mandatory fines as determined by the court.
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References
- Philadelphia Criminal Law News: Disturbing the Peace; Erline Aguiluz; 2010
- U.S. Department of Housing and Urban Development: Local Tenant Rights, Laws, and Protections: Pennsylvania
- The Landlord Protection Agency: Pennsylvania Landlord Tenant Law
- Law Info: Does A Sublessor Have Any Rights Against the Landlord?
- University of Pittsburgh: Tenants' Rights
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