Can I Get Evicted for Making Too Much Noise?

Question - Can I Get Evicted?Before asking if you can get evicted for making too much noise, let us first understand what eviction is. The process of a landlord removing a tenant from his/her rental unit such as a house or an apartment is termed eviction. For eviction, there are many grounds; some of which are stated in the terms of the rental or lease agreement and some are governed under state law. For example, most written lease agreements provide for eviction of a tenant for violation of the rental agreement, non-payment of rent, having a pet when not allowed, causing damages to the leased unit, or making too much noise.

The eviction process starts by the landlord giving a written notice to the tenant. The written notice states that the tenant either moves out or does something about the problem that led to the eviction. The period that a landlord is obliged to provide a tenant before eviction varies from three days up to 30 days or more, depending on the state law, lease agreement, or the grounds for the eviction. Often, the process for eviction is faster than other types of legal processes. If in case the tenant does not remedy the problem or move out of the leased unit, the landlord has to file an eviction action in court in order to make the eviction legal. The requirements and procedures for providing the tenant notice of eviction are specified in each state’s laws.

Generally, the problem with living in an apartment building is that the tenants are just on the other side of a wall, floor, or ceiling from each other. Therefore, being noisy is sometimes inevitable. However, a neighbor cannot evict another neighbor; only the landlord can do the eviction. But, if a neighbor complains enough about you being noisy, the landlord may take actions against you to avoid any problems with your neighbor. Most landlords can understand that some people are overly sensitive, however if a tenant is going to sue them for not being able to provide a quiet place to live, you are going to be sued likewise.

For normal household noise, a tenant cannot be evicted. Normal household noise includes children playing, crying, and occasional partying. But; blasting up the music, frequent shouting/screaming, banging of doors and other similar situations are reasons for complaints and may lead to eviction if not remedied.

One way of preventing the apparent too much noise is to sound-proof your apartment. You can call your housing association office and ask for assistance on how you can sound-proof your home to avoid the sounds coming from normal daily routines reaching your neighbors. Carpets, heavy curtains, and rugs can help minimize the sound from your house or apartment. Also, it would help a lot to have friendly relations with your landlord and neighbors for them to understand your situation, especially if you have children. If you are going to have a party or any event at your apartment and you anticipate that you might be too noisy, advise your neighbors about it in advance so that they will know and refrain from complaining.

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