One of the biggest adjustments you have to make when you live in an apartment is the close proximity you are to other people at all times when you are home. Without fail, the most common complaint that managers and landlords have to deal with has to do with noise.
So, what are the limits of noise? Can you be evicted if another tenant reported you for noise? What are the things you can report someone else on for noise? What even constitutes a noise violation in the first place? Can you be booted?
The answer is: Yes, you can be evicted for violating the noise policy of the apartment complex. If repeated violations have been given to you, the landlord is within their rights, to preserve the Quiet Enjoyment of the other tenants, to evict you.
What Sort Of Noise Violates Quiet Enjoyment?
Theoretically, any unwanted, loud, disturbing noise can be considered a ‘nuisance’ and can violate the Quiet Enjoyment of a property.
If you think about it, things that can violate the noise provision can be literally anything. From the TV being on too loud, loud music, running loudly across the floor, to playing a musical instrument.
Anything you can think of that is legitimately loud enough to disturb your neighbors, especially during quiet hours, could be considered a ‘nuisance’ and in violation of Quiet Enjoyment.
Now, whether you are the person being reported for a noise violation, or you are wanting to report a neighbor for a noise violation, you MUST realize that a vast amount of the noise violations that are reported are going to be subjective to some degree.
There are some states, like California, that actually put a definition on what that noise is, California stating that anything over 50 decibels during quiet hours can be considered a nuisance.
Now, how you are going to MEASURE that I have no idea. Most times, you KNOW if it’s a nuisance or not.
Can Normal Children Noise Be Considered A Noise Violation?
Yes, they absolutely can.
While some of this can be part of the human experience, the other tenants around you still have the right to quiet enjoyment of their apartment.
Now, I have never seen or heard of someone complaining about normal baby crying or anything like that. But I ABSOLUTELY have gotten tons of calls for noise violations from kids being loud and inconsiderate from ages 2-20.
For the vast majority of people, it is the noise that is controllable and avoidable that they are going to complain about.
How Do I Report A Neighbor For Noise?
Your landlord is obligated to provide the “Quiet Enjoyment” of the property they are leasing to all tenants, so the landlord or the manager is who you want to contact to file a noise complaint.
I have never heard of anyone being evicted after their first noise violation, no matter HOW bad it was. And trust me, I have seen some bad ones. I have knocked on the door of apartments at 300AM and the music was so loud they couldn’t even hear me banging on their door. Of course, the neighbors were going to complain about this.
Unless something else is going on with the tenants, it is going to take several noise violations before the landlord asks them to leave or evicts them. But make no mistake, the landlord WILL evict a tenant if they constantly are violating the noise policy laid out in the lease agreement.
If the landlord doesn’t take care of this situation right away, they risk losing other tenants due to not having a quiet, peaceful apartment that they are paying for.
Larger apartment complexes are going to have very standard procedures to file a complaint with management. They maybe even have an online form that you can fill out and submit to the landlord or office that details the date and time of the incident, who was involved, what apartments, etc.
For smaller apartment complexes, calling the landlord or manager directly is the way to go.
The other thing that you can do that is going to significantly increase something being done about your noisy neighbors than just a slap on the hand is if you can actually record what is going on with your phone. Giving the landlord some hard, first-hand evidence is only going to empower them when they go to confront the offenders.
In my experience, the vast majority of noise offenders claim that it wasn’t THEM making the noise, but actually another apartment, and typically act offended that you would be at their door talking to them about this.
Usually, this is accompanied by 4 kids with no clothes on running around like wildebeests behind the person standing at the door.
If you can empower your landlord or manager with the evidence they need, they are going to be much more successful in dealing with the situation.
Is Apartment Living Noisy?
It can be, but it doesn’t have to be. It depends on what type of apartment complex you live in if you have neighbors above and below you as well on both sides, and what floor your apartment is on.
All of these factors are going to play into if living in your apartment has a higher or lower chance of being noisy. Obviously, the more people you have living around you, the noisier it is going to be just by default, and the higher the chance that one of your direct neighbors could be a noisy one.
The closer you live to street level, the noisier it tends to be, not just due to other people living in the apartment, but due to the street noise.
If you can, pick an apartment on the highest floor you can. This is going to help insulate you from street noise.
If you can get a top floor, corner apartment, you are also doing yourself a favor by limiting the number of direct neighbors you have adjacent to your apartment. This is going to be crucial in limiting the extra noise that gets into your apartment.
Can You Complain About Loud Music During The Day?
Yes, you can complain about loud music at any time during the day.
Apartments are not dorms, they have rules, and people need to be considerate of each other as they live in relatively close proximity.
Simply because the burning ball of gas we call The Sun is directly overhead isn’t a free pass to make as much noise as you want.
People work, and sleep, at all hours of the day and night. Quiet Enjoyment applies to daytime the same as it does during the night. ‘Quiet Hours’ are made specifically to emphasize that a majority of people are trying to rest and sleep during those hours, but that doesn’t give carte blanche to someone who wants the entire block to listen to what’s blasting on their stereo.
Is It Illegal To Play Loud Music At Night?
Most cities have statutes that prevent the “Disturbance of the Peace” or from people causing a “Nuisance” to others during certain times of the night.
Each city is going to be different in how they set up and apply these rules. I have been in cities where they literally don’t let bands, even ones who play inside, perform past a certain time, say midnight because they consider it ‘disturbing the peace’.
Cities like this take the peace and quiet of their residents seriously and are willing to fine or ban offenders who break this statute.
Other cities can have more lax rules, or maybe no rules on the books at all. In these cities, when the police are called, the only thing they are going to do is tell the people to tone it down.
It takes a SERIOUS amount of noise complaints from multiple people for a person to get fined by a city for noise. Just ask anyone who has a dog that barks or howls constantly next door.
So, while the last resort is to call the cops on the noise offender, getting your city to actually do something about it can be a long and arduous process. Best to try and get your landlord to handle it themselves.
Can I Withhold Rent Due To Noise?
Withholding rent is an extreme and potential risky action that should only be taken if your landlord isn’t taking action to rectify the constant violations of the noise provision in the lease.
In most cases, the courts are only going to look favorably on someone withholding rent to their landlord if their health or safety is at risk at their apartment or rental. To withhold rent for virtually any other reason is not going to turn out well for the tenant.
As I mentioned before, as a landlord myself, is that it is in the landlord’s best interest to take care of the noise problem quickly and effectively. Just like any other nuisance on the property that other tenants aren’t paying for the privilege of experiencing, a landlord wants to handle the problem quickly and effectively, so their tenants don’t leave.
There are always people online suggesting radical things like withholding rent in order to get results. This doesn’t need to happen at all. There are so many other avenues you can take to get the situation rectified. You can talk to your neighbor yourself, letting them know that the noise they are making is bothering you.
You can ALWAYS call and talk to your landlord about the situation. You could even ask them if you could move to a different apartment away from the noisy tenant.
Remember, the landlord is going to be on your side based on the reasons we have outlined above. Keep them on your side and you will get the best results.
You CAN be evicted from your apartment for being too loud. While noise violations always have a subjective part of what actually is “Too Loud”, a landlord is always going to want to keep the peace and quiet in their complex.
If you have a problem with a noisy neighbor, see if you can record it on your phone, contact your landlord, even talk to your neighbor yourself. Just remember that your landlord is going to be on your side if you have a legitimate claim.
