The Landlord. If a tenant is complaining about noise outside of the property, a landlord can suggest that the tenant speak directly to the individual who is making the noise. Was this the first time it happened? While they can never control or be responsible for someone else’s actions, they DO have the responsibility, and the authority, to address and rectify the problem as quickly as possible. If there are tenants that are causing you to not have that part of the implied contract, then it is the landlord’s responsibility to address the problem. Landlords should have a clause in their leases regarding noise violations and quiet hours. Landlord and Tenant Responsibilities for Maintenance of the Premises: The landlord is required (unless otherwise stated in lease) by law to: Comply with building, housing and health codes; Keep the roof, windows, screens, floors and outside walls in good repair; … Speaking to the supposed noisemaker is the next step. It's possible a local noise ordinance is being violated, especially if the noise persists after a certain hour. The landlord can use the tenancy agreement to deal with the problem if it persists, with eviction as the last resort. If a tenant is found to be in violation of this clause on three separate documented occasions, the noisy tenant is in breach of the rental or lease agreement and may be evicted for cause, and may be liable for a penalty of (Insert a dollar amount) or both. If the offending party lives in a rental, it's a good idea to contact the fellow landlord. If you’re a renter facing threat of eviction due to a noise complaint, you may be asking what your rights are as a tenant and what happens next. So, is a noisy tenant a landlord’s responsibility? 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. If the tenant has a lease and she hasn't broken it, courts generally don't hold the landlord responsible for not evicting him. The landlord's responsibilities will depend on the type of rental unit. Most municipalities have local building codes and state laws that lay out standards for the construction, maintenance and living standards of rental units. Our Website uses cookies to improve your experience. According to Virginia law ( Virginia Residential Landlord and Tenant Act) whenever a verbal or written lease agreement is entered into, tenants and landlords are granted special rights and responsibilities. And if your landlord fails to stop excessive and unreasonable noise, you might want to consider filing a small claims lawsuit against the landlord for tolerating However, there are ways to decrease the likelihood of your tenants causing noise in the first place – as well as to address any noise problems as they escalate. In some circumstances, the source of a tenant's noise complaint may be outside of the landlord's control. 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. If, despite the above measures, you receive complaints from neighbours about noisy tenants in your property, you may initially urge them to take up the issue with the tenant, given that as a landlord, you are not legally liable for their noise. In the event of the above actions not producing results, it may be a good idea to send your tenant a copy of the tenancy agreement highlighting any noise clause, as well as the potential repercussions of them breaching that clause, such as eviction. As a landlord, you’re not technically liable for nuisance tenants or occupiers of your property. by Emma Wells on 16th May 2019 It is well established law that where a landlord authorises (expressly or impliedly) actions by its tenant that cause a nuisance, or it participates in that nuisance, then the landlord may be liable (along with its tenant) in nuisance to those that it impacts upon. There are endless ways that noise can be created, and some of the most common sources of noise complaints include: If a tenant is disrupting other tenants in a rental property, it is the landlord's obligation to investigate the situation and take action if necessary. 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. The issue of dealing with tenants making noise attracts the same level of responsibility for the landlord regardless of the size of the building. Particularly if these problems are frequent, those living nearby may hold the landlord responsible. They may be unaware that they were disrupting other tenants or they may be unapologetic. 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. Who is responsible for noisy tenants? Did they confront the tenant about it? Either way, landlords need to make the tenant aware that there is a noise complaint against them. The complaint is likely to result in the local authority requesting that the person responsible reduces the noise caused to other residents. It’s your landlord’s responsibility to enforce lease clauses and house rules; if a noisy tenant doesn’t comply, landlords can evict them. When an annoying situation is something within the landlord’s control—such as another tenant parking in your assigned spot or a common door that slams loudly multiple times during the night—your landlord might have a duty to take measures to restore the peace. Noise complaints cover a wide spectrum of grievances, from dogs barking, to party noise at 3am, to a TV being up too loud. However, the landlord may be liable if they have been an active or direct participant in the nuisance or authorised the tenants to cause the nuisance. The short answer to this question may seem to be “no” – after all, you surely can’t be held responsible for the actions of another human being, any more than you can be sued by your wife’s creditors for her debts.
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