Did you know that noise can be a health hazard? It’s true. According to research conducted by the Center for Hearing and Communication (formerly the League of the Hard of Hearing), exposure to sounds that exceed 115 decibels for 15 minutes or more each day can result in hearing loss.
You may think this would have to be an insanely loud noise to cause such damage…like a plane engine, right? But Galen Carol Audio’s decibel comparison chart shows a power saw at 3’ registers at 110 decibels, while a loud rock concert is right at 115. The kicker? A dog’s bark ranges from 60 to 110 decibels, while a chorus of dogs barking can exceed 115. And, many people have valid complaints of dog barking that seems to or is incessant (ongoing).
There’s probably a number of noises we could address that have shockingly high decibel ranges and the potential to cause discomfort to renters, but the bottom line is this: property owners and managers have a responsibility to address such concerns. As Nolo explains, the standard lease language includes a clause detailing a renter’s right to “quiet enjoyment” at the owner’s provision. Herein lies the challenge.
How do you handle noisy tenants or neighbors? Hopefully these steps can help:
- Write it in the Lease. Before you ever find yourself in this situation, make sure you have a clause specifically about noise, the limits, and the consequences in the lease. Consequences should include those for ongoing offenders (e.g., penalties), leading up to eviction.
- Investigate. It is just inevitable that you will have a tenant who believes that everyone around him or her is noisy. These are situations that, too, must be handled delicately; but with the offended, not the alleged offender. Evaluate the situation and, if the noise is not excessive or not outside of reasonable daytime hours, suggest ways for the offended to deal with it independently. If it is an actual nuisance, move on to step 2.
- First-time offenders. If the renter is a first-time offender or it was a one-time offense (e.g., party), then a warning should suffice. Simple give notice to the tenant of the offense, and include the lease language from which the offense is derived. Include specific warning as to what occurs in subsequent offenses.
- Ongoing offenders. Have a repeat offender? Be consistent and just with consequences, applying the same to all tenants. If you have someone who repeatedly breaks this clause, it’s only fair to impose the penalty.
- Will not cease. There are those unfortunate times when a tenant simply refuses to quiet down. These are those who need a place outside city limits with few neighbors. Regardless, continuously breaking clearly defined property rules warrants eviction.
The trick? Document everything. Make note of times, keep copies of all correspondence, and, of course, capture the offenses on audio or video (with sound). You’ll want all the evidence you can get if this happens to turn into a battle.