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  1. #1
    Join Date
    Nov 2013
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    Default 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.

  2. #2

    Default 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.

  3. #3
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    Default 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.

  4. #4
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    Default 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".

  5. #5
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    Default 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.

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