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How can you enforce a noise policy with difficult tenants?

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Noise complaints are one of the most common and frustrating issues that landlords and property managers have to deal with. Whether it's loud music, parties, barking dogs, or construction work, excessive noise can disturb the peace and comfort of other tenants and neighbors, and potentially lead to legal problems. How can you enforce a noise policy with difficult tenants who don't respect the rules or respond to your requests? Here are some tips to help you handle this situation effectively and professionally.

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1 Know your rights and responsibilities

As a landlord or property manager, you have the right to set reasonable noise limits and expectations for your tenants, as long as they are consistent with the local laws and regulations. You also have the responsibility to address noise complaints promptly and fairly, and to provide a safe and habitable environment for all your tenants. You should include a clear and specific noise policy in your lease agreement, and explain it to your tenants before they move in. The policy should outline the acceptable noise levels, hours, sources, and consequences for violations.

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ROBERT CARMODY

New Mexico Real Estate Broker. Specializing in Marketing, Sales Consulting, Management, Business Development, Residential & Investment Properties
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It's just as important for a good landlord or manager to enforce the terms of the lease, and rules that were agreed to, as it is for the tenant to follow them. If you have a history of only enforcing some of the rules and letting others slide, you are going to have a much harder time gaining their cooperation or the support of the legal system, if needed. In my opinion, noise issues are a respectfulness issue because a tenant that doesn't care if they are disturbing neighbors probably doesn't care if they keep their place in good condition, parking where they are supposed to, paying rent on time, etc. It's important to me to then have an enforceable lease so that I can evict them per the lease terms if they don't respond to warnings first.

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2 Communicate with your tenants

The first step to enforce a noise policy is to communicate with your tenants who are causing or affected by the noise. You should try to resolve the issue amicably and diplomatically, without escalating the conflict or threatening legal action. You can contact your noisy tenants by phone, email, or in person, and politely ask them to lower the volume, limit the noise to certain hours, or find alternative ways to enjoy their activities. You should also listen to their side of the story, and acknowledge any valid reasons or circumstances that may explain their behavior. You can also contact your other tenants who have complained about the noise, and inform them of the steps you are taking to address the problem, and ask them to report any further incidents.

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ROBERT CARMODY

New Mexico Real Estate Broker. Specializing in Marketing, Sales Consulting, Management, Business Development, Residential & Investment Properties
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Keep a paper trail. You might be speaking to your tenants over the phone or in person, to warn them about noise complaints, but follow up immediately afterwards with an email or text message that recaps your conversation and reiterates that this is a warning. You can tell them that you will be sending them the message or email so that they know it is part of the same complaint. If neighbors are complaining about noise, I will try to find out from the neighbor(s) any details, like when the issue occurred, how often, who was there (just the tenants or was it a large gathering), and if they observed anything suspicious like underage drinking or illegal activity. Having that information might be useful if it escalates to an eviction.

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3 Document everything

If your communication efforts fail to resolve the noise issue, or if the noise violations persist or worsen, you should document everything related to the situation. You should keep a record of the dates, times, sources, and levels of the noise, as well as the names and contact information of the tenants involved. You should also collect any evidence that supports your claims, such as photos, videos, audio recordings, witness statements, or police reports. You should also document your communication attempts with your tenants, and any warnings or notices you have issued or received. This documentation will help you prove your case if you need to take further action, such as mediation, arbitration, or eviction.

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4 Enforce the consequences

If your documentation shows that your tenants have violated the noise policy repeatedly or seriously, you should enforce the consequences that are stated in your lease agreement. Depending on the severity and frequency of the violations, the consequences may include fines, penalties, deductions from the security deposit, or termination of the lease. You should follow the legal procedures and requirements for issuing and delivering these consequences, and give your tenants a chance to correct their behavior or dispute your claims. You should also be prepared to face any challenges or retaliation from your tenants, such as counterclaims, lawsuits, or damage to your property.

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5 Seek professional help

If none of the above steps work to enforce your noise policy, or if the situation becomes too complex or hostile, you may need to seek professional help from a lawyer, a mediator, an arbitrator, or a court. These professionals can help you resolve the dispute in a neutral and impartial manner, and protect your rights and interests as a landlord or property manager. They can also help you avoid costly and time-consuming litigation, and maintain a positive reputation and relationship with your tenants and neighbors. However, you should also consider the costs and benefits of seeking professional help, and weigh them against the potential outcomes and risks of the dispute.

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ROBERT CARMODY

New Mexico Real Estate Broker. Specializing in Marketing, Sales Consulting, Management, Business Development, Residential & Investment Properties
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When it comes to rental properties, whether short or long term, the team of professionals that you work with, from handymen to attorneys, brokers, property managers, accountants and so on, can make owning many units seem like a breeze, or they can turning owning just one into a full time job. Hire professionals with experience closely related to your properties and goals. Ask the right questions. Ask about their other business and customers they serve. Ask for references. Find out when they are available, how accessible they are, and what solutions they'd propose to respond to problems like a noisy tenant, an emergency plumbing leak, a negative guest review, etc, and make sure their response aligns with your expectations.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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John Daniel Hull

Lawyer. Lobbyist. CEO, What About Paris? Eagle Scout. Southern Ohioan. Anglo-Irish legend.
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In my experience, fear and intimidation work real well. Yelling is good. Bring big dudes. Cops are good. Italians. Big ones, especially Sicilians.

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How can you enforce a noise policy with difficult tenants?

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1 Know your rights and responsibilities

2 Communicate with your tenants

3 Document everything

4 Enforce the consequences

5 Seek professional help

6 Here’s what else to consider

Real Estate

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How can you enforce a noise policy with difficult tenants?

1

2

3

4

5

6

1 Know your rights and responsibilities

2 Communicate with your tenants

3 Document everything

4 Enforce the consequences

5 Seek professional help

6 Here’s what else to consider

Real Estate

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