Noise complaints are one the most common and trickiest situations for both landlords and tenants.
All tenants have the right to enjoy their space in peace. However, neighbors are also allowed to make (some) noise in their homes and landlords are usually the ones with the power and control to address the noise disturbances.
There aren't any specific laws for noise, but a lease determines what is acceptable and what isn't; like a building’s quiet hours or guest policies. If these aren't in the lease details, then it's on the landlord and tenant to come up with a solution.
What is a justifiable noise complaint?
“The right to quiet enjoyment doesn’t mean that every tenant gets to live in complete silence. There is a difference between normal noise and excessive noise. Normal noise can come from everyday activities, such as walking, talking, doors closing etc.
Excessive noise doesn’t fall under that category. It leans towards loud music and noises from parties.
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There are no 'concrete' rules here as to what goes and what doesn't. Something like 'loud' footsteps from an upstairs neighbor is going to be harder for a landlord to address and put a stop to.
Okay. As a tenant, what can I do?
As a tenant, you have the right to enjoy quiet enjoyment. Addressing it is the first step.
Document the noise:
Make a note of when the noise is happening, what it sounds like and how often it is occuring. The more detail you can provide to your landlord, the better, as you will have a reasonable case for why your landlord should take action.
Talk to your neighbor:
Your landlord might request that you bring up the issue with your neighbor first to see if you can get it resolved, peacefully.
Ask for help:
If the noise still hasn't stopped, then ask for help. Request that your landlord addresses the issue and check your lease for specific noise clauses. Some buildings outline quiet hours or guest policies which could help your case.
Move out:
If you're dealing with excessive noise and your landlord can't or won't help you fix it, then it's probably time to break your lease. Make sure you have a paper trail of your efforts to address the problem to show that you have attempted many times to solve this issue.
