Eviction for Noise Complaints and Noise Complaint Letter

Author: Todd Christiansen | Category: Eviction

Dealing with loud or unruly tenants has always been one of the most frustrating parts of being a landlord.  It is tough to prove that there is actually problem and then to quantify it.  Often all you have is neighbor complaints (or maybe police calls).  Ultimately, doing an eviction for disturbing the neighbors can be tough.  Most often the judge will give the tenant a 2nd chance if they claim they are going to clean up their act.

I was cruising the internet and found this article.  It is from the UK, but I loved it.  This housing project initiated a plan to make the buildings quieter and better places to live.  They found some electronic device that monitors sound levels.  When they get noise complaints, they put a monitoring device in a neighboring unit.  That device measures both the “normal” levels of sound during the day and then records the levels at night to show that the problem tenant is loud or not.  This gives you a great way to quantify the problem and use a device that can be brought to court.

The tenant in this case was given a warning in court and allowed to stay.  A short time later, she again violated the agreement and this time was evicted for noise.  Plus, the city charged her with a noise complaint, which carries a fine.  Plus they issued an order to seize the stereo equipment.  I love it.

I found many more articles about noisy tenants on-line.  Plus, I found several examples of where the “victim” tenants sued the landlord because he did little or nothing to fix the problem tenant.  In many cases, the tenants won rent abatement, some for more than $5000.  So, as a landlord, you can’t just hope the problem goes away.  You need to do something.

Unfortunately, I had no luck finding such device on the internet for a landlord to purchase.  I did find a great noise complain letter, though.  Here it is:

Date:  February 29, 2012

Dear:  [tenant name]

Re:  [address of where tenant rents]-Unacceptable levels of noise

This letter is to inform you that a complaint has been made against your due to unsatisfactory levels of noise coming from your unit/apartment/home.

The complaint is from an incident that happened on [date and time of noise issue-make sure to be as specific as possible].  I must ask that you keep any noise to a minimum and maintain a reasonably quiet environment for your neighbors.  This is spelled out as your responsibility in your lease dated [date that the lease was signed].

If we receive more complaints about noise, you may could be considered to have broken the terms of your lease.  Further action that could result include contacting the authorities or eviction.  I hope that it does not lead to that and we can work together to resolve this issue.

Please call me if you have any questions regarding this letter.

Sincerely,

Your Most Excellent Landlord

[sign and date this document, keep a copy for yourself]


If you receive another noise complaint, I would send another letter, but a little more stern.  Now, I am not naive enough to believe that this letter will always be enough to get a bad tenant in line.  It will set wheels in motion for an eviction as you can now demonstrate that you notified the tenant of the problem and gave them a chance to correct it.

 

 

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