![]() Especially if several tenants complain at the same time, the landlord will probably order the tenant to comply with the lease or face eviction Most apartment owners don’t want problems among their tenants, and they won’t put up with somebody who ignores the signed agreement and causes trouble. If that doesn’t help, complain to the resident manager or landlord. Reminding the neighbor of the terms of the rental agreement may be all that is necessary. If the neighbor’s stereo is keeping you up every night, the tenant is probably violating the rental agreement-grounds for eviction. Standard rental and lease agreements contain a clause entitling you to “quiet enjoyment” of your premises. And, second, if the landlord fails to evict the noisy tenant, you can sue the landlord. First, the landlord may evict the person making the noise. If you live in an apartment, you have two additional avenues open to you to protect your quiet. Noise as a violation of a rental agreement. Any business conducted at home-such as the neighbor’s little machine shop-that makes noise, attracts customers and creates traffic probably violates the zoning law. But there may be zoning laws restricting your area to residential use. Your local noise law probably doesn’t say anything about the tools or the mowers during the weekend days. In addition, other people are coming and going as they drop off and pick up mowers. The power tools are enough to drive you wiggy, but this neighbor also tests each lawn mower after finishing work on it. Even working on a broken car or building a boat for too long may be prohibited.įor example, imagine that your neighbor uses power tools in his garage all day Saturday and Sunday to repair lawn mowers. Having too many animals on one property can violate another law. Discharging firearms or shooting off firecrackers, for example, are forbidden by separate laws. If your town doesn’t have a noise ordinance that addresses your particular situation, you may be able to solve a neighbor noise problem by using another local ordinance. If a neighbor’s noise is excessive and deliberate, it may also be a violation of state laws against disturbing the peace or disorderly conduct. But a roaring swing piano concert at 11 every night may be. For example, the child who practices the piano for an hour each day after school is normally not a candidate for a legal infraction. That usually boils down to common sense and community standards. Generally, to be unreasonable, a noise must be-in the mind of an average person-too loud, prolonged or disturbing under the circumstances. If the noisy neighbor contests the citation, the final decision will be made by a judge. The police may have to decide on the spot whether to issue a citation for the noise. If a noise that is driving you up the wall isn’t specifically prohibited, it may still be illegal if it is “unreasonable.” Most ordinances prohibit unreasonable noise, but they don’t define it. But the neighbors down the block who allow their dog to howl all night are violating the ordinance. The dog that barks only at intruders or a passing fire engine is probably within legal limits. ![]() ![]() ![]() Dogs are frequently regulated by separate noise ordinances. ![]() This means that the daily early morning tooting across the street for the car pool violates the ordinance.īarking dogs. Most cities also prohibit honking a car horn for any reason except danger. And often there is a requirement that automobile mufflers be kept in good repair. For example, anordinance may state that unnecessarily running a motorcycle engine is presumed to disturb a neighbor. Some laws restrict unnecessary vehicle noise. Excessive and unnecessary noise can be a violation at any time. If any noise is loud enough to keep a reasonable person awake during these hours, it is probably illegal.Īnd having quiet times during specific hours does not mean that there are no noise restrictions at other times. In a residential-only zone, for example, the morning hour may be 8 a.m. Quiet hours also depend on the zoning for the particular spot. ![]()
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