What is a Tenant's Recourse for Unresolved Noise Issues in Apartment Community
My question involves landlord-tenant law in the State of Texas:
My spouse and I are living in a large (expensive) apartment community in Austin. Since day one we have experienced noise issues with our upstairs neighbors. These tenants live a nocturnal lifestyle and habitually slam, stomp, bounce, and drop objects on our ceiling often while blasting bass heavy music. There is also a lot of foot traffic coming in and out of this unit. Let me reiterate that this dysfunctional chaos all takes place between 6pm to 6am.
We have contacted the property management company for several months about this issue without any alleviation in sight. I’ve submitted several informal (verbal) complaints and two formal (written) complaints to the manager, who doesn’t even have the common courtesy to speak with me in person. This leads us to the impression that we aren’t being taken us seriously. They offered us the option to transfer to another unit, but we would be required to pay a transfer fee and new deposit, which I find unreasonable considering the circumstances.
As of late, we have resorted to calling 311 for help. From what we’ve gathered, there is a male and female living there and the former is apparently the main perpetrator of the noise. We have also been informed that he isn’t even on the lease. We are now afraid that he will act out in retribution against us for exposing him. After expressing this concern to management, they treated me like I'm a paranoid lunatic.
We have 6 months left in the lease, but cannot continue to live under these people. Do we have the legal right to break the lease without paying a large sum? It just seems unfair to have to move and be charged thousands of dollars all because we are subjected to this harassment.
Re: Legal Recourse for Unresolved Noise Issues in Apartment Community
Unfortunately this is typical of apartment living. I dont believe you have a legal recourse, unless your lease specifically supports your stated claim.
Re: Legal Recourse for Unresolved Noise Issues in Apartment Community
Does the level/timing of the noise violate local ordinances? If it does, call the police. That might get someone's attention, and won't cost you anything.
Re: Legal Recourse for Unresolved Noise Issues in Apartment Community
As Catmad mentions, to check local ordinances. But the problem I see is, in your situation, apartment noise you mention falls in the purview of the landlord, and most leases do have a 'quiet enjoyment' clause. Think about it, how will the police measure the noise? From the public street? Walking and dropping things, a nocturnal lifestyle while audible to you, is not going to be audible from the street, if it is, then yes you have a valid claim.
Re: Legal Recourse for Unresolved Noise Issues in Apartment Community
To the extent that a lease has a "quiet enjoyment" clause, it is highly unlikely that the clause would increase the landlord's duties above and beyond the common law level -- and at common law, the issue is not about noise, but is about title. Consistent with that, even when present, a typical quiet enjoyment clause within a lease has nothing to do with the noise level or activity level of other tenants, and is instead a guarantee that if the tenant complies with the lease neither the landlord nor anybody else with a title-based claim to the property will unreasonably interfere with the tenancy.
Re: Legal Recourse for Unresolved Noise Issues in Apartment Community
Perhaps things differ from when I was a tenant. I lived in a complex with many tenants. When one tenant repeatedly disturbed another, and the LL claimed it wasn't his problem, the police were called. The police came and simply told the offenders hey were "disturbing the peace" and must quiet down, and made a report. After several occurrences, the LL and tenant decided it would be best if the tenants left.
"Blasting bass heavy music" seems a bit more than " Walking and dropping things, a nocturnal lifestyle".
Re: Legal Recourse for Unresolved Noise Issues in Apartment Community
Obviously, a landlord may choose not to renew the lease of a tenant who they deem to be a problem. That has nothing to do with the legal issues we're discussing.