The landlord has the responsibility to take some action. Second floor has 3 young boys from 18 months to 6 years old. The accused tenants could have had a couple of people over one night which led to excessive noise, or they may be chronically playing their music loudly. Even if you have thoroughly vetted your tenants, there’s no guarantee that they won’t cause excessive noise in the property leading to neighbours or even the local authority taking action. Landlords need to give the correct notice to access the property . However, you may be liable if you’ve allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur. It's a good idea to have a quiet hours policy in the lease. One of the biggest gripes landlords have is when their tenants start to annoy their often long-established neighbours. So, is a noisy tenant a landlord’s responsibility? But is a noisy tenant a landlord’s responsibility? However, there are legal rights a landlord does have when dealing with noisy tenants. However, if one of the roommates creates excessive noise and his activities already affects other tenants, disturbs the peace and peaceful living then and only then can the landlord has the right to evict the noisy roommate. If nothing changes still, it might be necessary to contact law enforcement. Sponsored Listings. Landlord or tenant Renting a house or apartment Landlord responsibilities Tenant rights Real estate. In the sense that it is part of your job to figure out how to proceed with complaints and disturbances, they are indeed one of your many responsibilities. It can be difficult to control the noise level at a property since many landlords do not actually live there. This quick overview of Florida’s eviction laws will help outline your options and prepare you for what’s ahead. Florida tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. They can also install carpeting or some other sort of soundproofing. If the local authority decides that too much noise is being created by tenants unwilling to reduce it, you will be able to use this as grounds on which to terminate the tenancy. You will not be liable under the common law of private nuisance as a participator in the nuisance, simply because you did nothing to stop or discourage the tenant from causing the nuisance or failed to attempt to prevent the nuisance. Landlord Tenant Rights. Landlords do have a duty of care to neighbours to some extent! Of course, noise complaints aren’t the only reason for disputes. Single-Family Home or Duplex. She has more than 16 years of experience in real estate. Moreover, the police tend to be sympathetic to tenants and landlords who complain about noise. The complaint is likely to result in the local authority requesting that the person responsible reduces the noise caused to other residents. You will not be liable, however, if you merely knew of the intended use of the property prior to the tenancy commencing, and were aware that this use would result in nuisance. Hi Frances, I believe that Landlords should not be help responsible. If the noisy neighbour is a tenant, you can make a complaint to the landlord. Did they confront the tenant about it? Landlord responsibilities include an obligation to their tenant’s to keep a “warranty of habitability.” This is accomplished by making sure the rental is livable, safe and clean for your tenant. Whether it is the tenant or the tenant’s visitors, the law gives the landlord the right to take action against excessive or unreasonable noise or nuisance. In addition to this responsibility to the tenants, landlords may also be partially responsible for protecting the surrounding community from their tenants' criminal acts. Whilst landlords aren’t actually responsible for the noise their tenants make, it’s always a good idea to try and ‘keep the peace’. The upstairs neighbour was not required to take “extraordinary measures” to control noise … Posted on 2013-04-03. Landlord responsibilities. In residential units, tenants may opt to share rent with a roommate and landlord cannot evict them using this ground. Whilst as a landlord you do have plenty of legal responsibilities (you can read more about them here) you are under no legal obligation act on unnecessary noise complaints from a neighbour. My first floor tenant is complaining about excessive noise from the second floor tenants children. Landlord / Tenant … Noise complaints cover a wide spectrum of grievances, from dogs barking, to party noise at 3am, to a TV being up too loud. (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. 2nd floor claims its normal noise and all kids are in bed by 8 and sleep until about 8 so not early in the morning. For repeated offenses, landlords can provide tenants with a cure or quit notice, which requires them to quit the behavior that is breaching the lease by a certain date or be subject to eviction. Noisy Tenants and a Landlord's Responsibility, The 6 Property Maintenance Responsibilities of Landlords, Reasons a Landlord Can Take a Tenant to Court, A Landlord's Legal Timeline to Make Repairs to a Rental Property, Reduce Noise Complaints With a Quiet Hours Clause, The Best and Worst States for Landlords in 2020, 10 Times a Tenant Must Let a Landlord Enter, How a Writ of Possession Gets a Tenant Out of Your Rental, What Is Landlord Harassment and What to Do About It, 5 Things That Could Prevent a Tenant From Moving, 5 Ways to Reduce Noise Between Apartments, Reasons Tenants Can Break a Rental Lease Agreement, Reasons to Send a Notice to Quit and Key Terms, The Balance Small Business is part of the, Heavy walking, running, or stomping overhead, Noise from gatherings in front of or behind a property, Noise from neighbors or others who are not tenants. Get the details: what time did the noise still does not want to get details... 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