Can You be Evicted for Noise Level?
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If you reside in an apartment complex, then there are a series of rules and regulations that you will need to follow. One such rule has to do with noise level violations. Many people take advantage of living in an apartment and carelessly elevate their level of personal noise, which causes their neighbors to have a sense of discomfort. However, you can and will be evicted based on making excessive noise.
When Can You Be Evicted for Noise?
- Tenants are entitled by law to a “quiet enjoyment” of the premises.
- This means landlords have an obligation (either express or implied) to control the noise within an apartment complex.
- If the noise level of another tenant impedes on someone's quiet enjoyment, then the landlord will need to take action. Such action can either come in the form of a notification or an eviction.
Usually an eviction will only occur after a set number of complaints and warnings, so you will want to review your tenant agreement if you have been served a few complaints for the noise level in your apartment or condominium. If you are ever served a notification regarding excessive noise, you should know that it is probably because other tenants have complained about you and the noise that you make. At this point, you should make every possible effort to either eradicate the noise you make or take the initiative and speak with the landlord in order to better understand what type of noise may be coming from your apartment that is offensive to the other tenants.
The main reason why a tenant may be evicted for noise level is because of the potential repercussions faced by the landlord and the apartment management company. In some states, if a landlord refuses to handle a noisy tenant, then any other tenants who are affected by that noise have the right to abandon the property without having to pay rent. To top it off, the landlord will not be able to sue those tenants for abandoning the premises, because the landlord had an obligation to control the noise, and chose not to.
So, yes absolutely a landlord can evict you for your noise level, especially if your level of noise is disturbing the other tenants within the community.
If you find yourself notified of the intent to convict based on noise, then it is important to contact a lawyer. Your attorney can help you to understand your rights and may be able to assist in fighting the eviction of working out an alternate arrangement with your landlord.