Working For Justice In Housing

NOISE

Noise creates more ugly confrontations between tenants than any other issue. Many times the situation deteriorates into conflict: constant complaints and angry denials; pounding on the ceiling or stomping on the floor; calls to the police followed by louder noise when the police have gone; other retaliation in one form or another, even to the extent of slashing tires!

Many tenants who are complained against feel that they are being harassed by someone who is unreasonable and overly sensitive to sound. Our caller hears noises from other apartments which he accepts as part of the apartment living so why can’t the complainer do this?

Other tenants state that their life is absolutely miserable due to excessive noise by another tenant. They can’t enjoy the apartment during the day. They can’t sleep at night!

Points to consider on both sides of the question:

Before renting, go to the complex on a weekend and talk to the tenants living there as to how well the apartments are sound proofed and how responsive is management to noise complaints. Management has the responsibility to assure quiet enjoyment of the premises.
If you have a good relationship with the tenants causing the noise, you may want to try, in a diplomatic way, to resolve the situation by calling or going to the noisy tenants, before going to management. Don’t express anger. Don’t threaten. The offending tenants may not be aware of how noisy they are.
Be considerate of others. Be careful about noise. Though you pay rent and have a right to enjoy your apartment, you have chosen a style of living--an apartment rather than a detached house--that calls for rules of conduct appropriate to living closely with other people. Accept complaints in a positive way. Be aware that hostility breeds hostility and once the conflict begins, there is no telling where it will end.
If sensitive to noise, consider renting on the top floor.
If you have lively children, try to rent a ground floor apartment.
Be sure you adequately cover the floors with rugs. Even if you have wall to wall carpeting, additional rugs can help.
For late hour listening to TV, radio, CD player, use earphones. They produce excellent sound and there are even cordless earphones.
One tenant told me that the occasional use of earplugs worked wonders for her!
Try to be tolerant of a once in a while weekend party that may be a bit loud.

If it is necessary to complain to management, do it in writing and keep a copy of your complaint. Be sure you know where the noise originates. Be very specific as to the type of noise and its time and extent. Talk to other tenants to see if they are disturbed. It is always more effective to have several people complaining. If necessary try to have a friend, as a witness, stay over at times when there is likely to be noise. Be aware that management has to be fair and many times is caught in the middle of conflicting claims and charges that are not easy to resolve.

If all else fails, consider requesting a transfer to another apartment even if it is inconvenient and costs money. Peace of mind and being able to remove yourself from a very negative situation makes the effort worthwhile.

As a last resort, if you have notified the landlord of the noise, and after reasonable time he has not corrected the problem, you may remain in your apartment and sue the landlord for breach of the covenant of quiet enjoyment or you may move and sue the landlord for constructive eviction. It is strongly suggested that you seek legal counsel before embarking on this course of action.

Click here to see what Maryland law says about this issue

Legally Reviewed - BNI. Last Update - March 2001