Noise is a common problem for most tenants living in rental properties. So noise complaints in apartments are one of the common types of complaints that landlords encounter almost every day. In most cases the landlords do not even live in the apartment they rent out and tenants are most of the time left alone to handle such annoying situations.
If tenants cannot do anything about the noise, then the landlord has to intervene as he has the legal right to take appropriate measures to remedy the issue of noisy tenants.
There is no specific number of complaints that have to be made before the eviction process begins. The decision to finally kick out a noisy tenant usually depends on the frequency, the severity of the noise violation, and how the tenant responds to the warnings.
The landlord should issue at least two warnings to the noisy tenant before he is ultimately kicked out of the apartment or property as a result of the noise complaints.
However, if you are on the receiving end of the noise complaints, you might be wondering how many noise complaints you will get before you ultimately receive an eviction notice.
Can You Get Evicted Due to Noise Complaints?
Yes, noisy tenants can get kicked out of a rental property or an apartment as a result of noise complaints.
In most cases, laws concerning landlords and tenants are usually set by the local authorities. However, the primary function of a landlord remains the same. The responsibility of the landlord includes providing a safe, affable, and peaceful environment for his tenants.
A good understanding of the above responsibilities makes it clear that the landlord is supposed to provide a noise-free environment for the tenants. You can also say that the main responsibility of the landlord is to ensure that the tenants enjoy a quiet and hospitable environment.
To carry out these obligations to their tenants, landlords usually include noise in the lease agreement and it is signed by both the landlord and his tenants. This is a legal agreement that warrants the landlord to take necessary action against a tenant if noise complaints are put up against him or her.
The landlord would have to consider the legitimacy of the complaints before taking any steps. If the landlord investigates and gathers evidence against the noisy tenant, he will issue a first warning. If the tenant refuses to pay heed to warnings and continues being noisy. This affects other people’s peace of mind, then the landlord has the power to evict the noisy tenant.
However, tenants are protected against unlawful acts under various fair housing laws. If you suspect your landlord is evicting you in revenge for something you did, it’s still within your right to fight the eviction.
How Many Noise Complaints Until Eviction?
The specific number of complaints or warnings that have to be made before the noisy tenant is evicted from the apartment varies from place to place. The duration given to accused tenants also varies in each region. But the period of time given to the accused to rectify his behavior usually depends on the local authorities and the federal eviction laws of that state.
However, no law in any state mentions how many complaints should be lodged against the noisy tenant to begin the eviction process. This is a completely subjective matter and it is based on the frequency and severity of the violations and how it’s affecting other tenants.
Tenants should lodge complaints to the landlord so they understand the urgency of the situation and take appropriate measures.
After the landlord receives the complaints he will conduct a little investigation against the alleged noisy tenant to comprehend the legitimacy of the complaints. After speaking to the accused tenant and collecting enough evidence from him, warnings can now be issued to the tenant to keep the noise in check.
The landlord must elucidate the rules that have been violated as the tenant is entitled to some basic rights. Even if the noise persists the landlord should issue more strict warnings informing the tenant he will be evicted if the noisy behavior isn’t rectified.
How to Fight Back an Eviction Notice as a Result of Noise Complaints
If you are given an eviction notice, you will have about a month to pick out your things and leave the apartment. However, you can use this period to rally. Here are a few ways to fight back an eviction notice.
Challenge the Noise Complaints if Possible
If you are sure that the noise you are making shouldn’t annoy your neighbors, you can investigate the noise complaints. You can try to figure out if the complaints were put forth by your neighbors or t were made up.
Naturally, most people filing noise complaints will want to remain anonymous. You can still find out the complaints the people lodging are doing with the help of a legal representative.
However, you can also figure out if there is a way you can mediate the situation so that everyone else will benefit. You can cut down the noise and find out if there is anything else you can do to appease your neighbors.
Sue Your Landlord
If your landlord goes to the extent of giving you an eviction notice over a corroborated incident, you can send your landlord to court. There is a way you can also examine how far your landlord is willing to go without a lawyer.
If you think the amount of noise you are creating is not irritating enough for your neighbors to file complaints, then you might be wondering why your neighbors can still hear you even when you are tiptoeing around your room.
Is likely the property owner skimped over the mandatory acoustic treatment. In this case, you can decline the eviction notice as the building itself is the problem, not you.
Bear in mind that it is the responsibility of the landlord to provide liveable conditions in the property. And that includes creating some degree of privacy across all the units. However, if they are not doing that, then it’s still within your right to contend the eviction notice.
How You Can Avoid Getting Noise Complaints
Here is what you can do to prevent yourself from getting an eviction notice.
- Soundproof your room.
- Develop a good relationship with your neighbors.
- Use quiet home appliances and keep them u check.
No matter what you do, don’t give your landlord the chance to get you packing. Build a cordial relationship with your neighbors. You can consider giving your neighbors your number so can always inform them to keep the noise in check instead of complaining to the landlord.