One of the most troubling legal disputes people encounter are problems with their noisy neighbors. While the problems might not have great financial or legal significance, the quiet enjoyment of our homes, whether we are homeowners or renting, is important to us. After all, if we can’t get some peace and quiet at home, where are we going to get it?
As a property manager, an issue that is often raised is that of noise complaints. How much noise is too much? Noise issues vary greatly, from your neighbor’s late night party, a barking dog, or a screaming baby, to the noise generated by your semi naked neighbor, leaf blowing at 8:00am on a Sunday.
This issue is also one of the most difficult for a property manager to deal with as he/she is heavily restricted by the law. Here is an outline of what the property manager can (and can’t) do to remedy a noise complaint by a neighbor about one of their tenants.
Firstly, if you are a neighbor and you want to complain to a property manager it needs to be in writing. For immediate action you should call the police. By law a property manager cannot act without a complaint in written form including the details of the incident, time, date parties involved etc. This can be in an email, fax, or good old “snail mail”.
Secondly, once a complaint has been made, the property manager will issue a breach notice to the tenant. What this basically says is: “there has been a complaint, don’t do it again or you’re in trouble buddy”. This breach is valid for 8 days and if the tenant acts up again within this period further action can be taken. If the tenant doesn’t repeat offend within this period the breach notice becomes void.
What this means is if, on the 9th day, the tenant has another party etc. the process must be started all over again. Bummer for the neighbors, but the tenant must be given a chance to remedy the situation and law works slightly in their favor on this one. If this process repeats itself 3 times the property manager will contact the landlord and they (and only they) have the power to kick the tenants out, which involves taking the matter to court and could take over 2 months!
If you want immediate action (for example you can’t sleep because of the party house next door) you best bet is to call the police.
Here is a link to a site where you can find more information about making complaints in regards to noise.
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