April 15, 2025 • 37 mins
Hey landlords! Noise complaints are one of the most common issues rental property owners will face. In this episode, Kevin and I break down how to handle noise complaints fairly, legally, and without unnecessary stress. We cover everything from setting clear noise policies to mediating disputes and protecting yourself from legal liability.
Whether it’s tenants playing loud music, children making noise, or even pets causing disturbances, we’ve got solutions to help you maintain a peaceful rental environment.
Plus, we share our best tips on tenant screening, lease agreements, and soundproofing strategies to prevent noise complaints before they start.
What You’ll Learn in This Episode:
✔️ How to assess whether a noise complaint is reasonable
✔️ Steps to mediate disputes between tenants and neighbors
✔️ The legal obligations landlords have regarding noise complaints
✔️ How to enforce lease agreements fairly and legally
✔️ Tips for soundproofing your rental property
✔️ The role of tenant screening in preventing future issues
✔️ Best resources for state-specific leases and property management tools
Resources & Links Mentioned in This Episode:
🔗 Hoarding & Landlord Responsibilities (Ep 72)
🔗 Listen to Our Episode on Cash Reserves (Ep 28)
🔗 EZ Landlord Forms: Get 15% off any new purchase with code STACIE15
🔗 TurboTenant: Free account signup!
Connect with Us:
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🤳Text Us: 650-489-4447. We love questions and love letters!
📩Email us at: Stacie@YourLandlordResource.com, Kevin@YourLandlordResource.com
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Stacie (00:00):
You guys, we cannot know if someone has a noise issue
unless we are told or happen tobe on the property when it
happens.
So if someone complains to youand the complaint is fair, be
happy it's happening so that youcan know if you have crappy
tenants.
What is worse is when you losegood tenants because nothing is
(00:22):
done about the noise violationsof bad ones.
Regardless of whether they payon time or not, everyone around
your rental property has theright to quiet enjoyment, and
this includes other tenants andneighbors.
But we do understand that peopledo not wanna complain.
Maybe they fear they'll betargeted by the other tenant.
(00:42):
Maybe they fear you as alandlord, will think ill of them
for complaining and don't wannabe a bother.
Regardless, you need to make itclear you wanna know when their
living experience is no longerenjoyable at your rental
property.
Welcome to Your LandlordResource podcast.
(01:04):
Many moons ago when I started asa landlord, I was as green as it
gets.
I may have had my real estatelicense, but I lack confidence
and the hands-on experienceneeded when it came to dealing
with tenants, leases,maintenance, and bookkeeping
after many failed attempts.
Fast forward to today, Kevin andI have doubled our doors and
created an organized.
Professionally operated rentalproperty business.
(01:26):
Want to go from overwhelm toconfident if you're an ambitious
landlord or maybe one in themaking.
Join us as we provide strategiesand teach actionable steps to
help you reach your goals andthe lifestyle you desire.
All well building is streamlinedand profitable rental property
business.
This is Your Landlord ResourcePodcast.
(01:50):
Hello there landlords.
Thanks for tuning into the YourLandlord Resource podcast.
I am your host, Stacie Casellahere with my co-host and my
partner in crime, Kevin Kilroy.
Kevin (02:03):
Hey there everyone.
Stacie (02:05):
So, today on the podcast we are going over how to handle
noise complaints.
I will say that we have beensuper lucky in this area with
essentially no complaints thatwe've had to deal with.
Kevin (02:20):
Well, I think that would be because no one ever
complained when the tenant wasactually living in the unit.
I mean, it seems like as soon assomeone who is disruptive to
other tenants and neighborsmoves out, everyone just comes
out of the woodwork to let usknow how awful they were.
Stacie (02:36):
Right?
I mean, we always tell them, ifyou have issues, please let us
know.
And that includes issues withnoise levels of other tenants.
So which story should we startwith?
The young guys in our jinx unitor our own kid.
Kevin (02:54):
Oh, come on, kid two wasn't that bad.
Uh, let's start with the otherguys.
Stacie (02:59):
Okay.
In Sacramento, we have this unitthat seems to turn over
frequently.
Which we have now dubbed thejinxed unit.
The longest we have had a tenantstay in there was two years.
For the most part, people onlystay a year and then they move
on.
And side note that is because weseem to always get roommates for
(03:20):
this two bedroom, two bath.
I would say only one time wasthere a couple in there and they
would have stayed longer, butunfortunately, his dad passed
away.
And lucky for him, he inheritedthe father's home, and they
moved out after two years.
Every single other tenant hasmoved on after a year or a year
(03:41):
and a half.
All right, so back to the noiseissue.
We had a couple guys who met upon Facebook that had gotten one
year fellowships at the capitolin Sacramento.
So without knowing each other,they moved in together.
One guy apparently was a partierand had a party one weekend when
(04:02):
the other roommate was outtatown.
Long and short of it is that theother tenants knocked and asked
him to keep the noise down afterthe clock hit 10 or 11 o'clock
that night.
Now mind you, this is aVictorian home that was
renovated into six units.
Even with the noise, reducingfloors and insulation, when
someone is throwing a party, allthe units are gonna hear it.
(04:24):
And on top of that closeproximity, the neighbors, which
is a townhouse, right on theproperty line.
Those neighbors are about 10feet from the entrance of this
unit, so of course they wereaffected as well.
So this guy has a party andeither him or someone who was
there got sick to their stomachand instead of going to the
(04:45):
bathroom, apparently this personwas still from the frat college
days and decided to go outsidethe front door, which is on the
second story, and projectilevomit all down the neighbor's
side of the house.
And you guys we're not makingthis shit up.
So apparently the neighbors hadthis guy come and clean it up
(05:07):
the next day, but we never heardhide nor hair about this until
they moved out.
Kevin (05:14):
And apparently these two roommates, I mean, didn't get
along anyway, and they hadfrequent yelling matches as
well.
Stacie (05:20):
Right.
So we are working there afterthey moved out doing the
turnover.
And that is when everyonedecides to let us know how
horrible these tenants were.
Did they pay rent on time?
Yes.
Was the unit well cared for whenwe went in for inspections?
Yes.
(05:40):
You guys, we cannot know ifsomeone has a noise issue unless
we are told or happen to be onthe property when it happens.
So if someone complains to youand the complaint is fair, be
happy it's happening so that youcan know if you have crappy
tenants.
What is worse is when you losegood tenants because nothing is
(06:03):
done about the noise violationsof bad ones.
Regardless of whether they payon time or not, everyone around
your rental property has theright to quiet enjoyment, and
this includes other tenants andneighbors.
But we do understand that peopledo not wanna complain.
Maybe they fear they'll betargeted by the other tenant.
(06:23):
Maybe they fear you as alandlord, will think ill of them
for complaining and don't wannabe a bother.
Regardless, you need to make itclear you wanna know when their
living experience is no longerenjoyable at your rental
property.
Kevin (06:38):
All right.
Uh, do we wanna tell morestories now?
Stacie (06:42):
Sure.
We have a couple more.
Kevin (06:44):
Okay.
I mean, so the other one aboutkid two is minor.
And as you may know, wepurchased a single family home
rental for kid two and hisroommates to live in while
attending college up in Chico,California.
I will begin with this, kidnumber two is not a huge
partier, so we really didn'tfeel we had much to worry about.
(07:07):
Kid two was also veryresponsible, and if there was
gonna be excessive noise he'dusually let the neighbors know.
And for context on one sideacross the street and then right
behind this home, were regularpeople living there.
Only on one side was there ahouse with college students.
Stacie (07:27):
Yeah.
And a huge frat house threedoors down.
Kevin (07:30):
Yeah, exactly.
Which those guys were super loudat all times of the day.
So that's why we really didn'tworry about kid two.
Only one time when we were upthere working after he had moved
out, did the neighbors comearound.
I think more to be nosy and seeif we were selling it or if more
college kids were moving in.
(07:50):
And that's when they told usthat for the most part, the
house was quiet and respectableand only quote unquote a few
times did he throw a party thatgot a little loud.
Of course we apologized and atthat point, what were we gonna
do about it?
Stacie (08:05):
Well, I think they were politely saying, we know that
was your kid and we put up withit because of that.
But if you rent to more collegekids, were not gonna be so
forgiving.
Kevin (08:17):
Yeah, maybe, I guess.
I mean, that old guy next doorwas a real pain, regardless of
who lived there.
I mean, he complained when itwas vacant for crying out loud.
Stacie (08:27):
Yeah.
All right, then back toSacramento.
We also had the single guy whoworked at the capitol that was
in a one bed unit.
Never heard a peep out of thisguy.
And then one time we were upthere and working in the
basement, getting some stuffdone, and oh my Lord.
(08:48):
He was playing video games andscreaming at the top of his
lungs.
Using a lot of profanity.
Now, I have been known to have afoul mouth, but this guy was
really bad and this was precovid, so most of the tenants
were still leaving work duringthe day.
So we can't say if he did thison nights and weekends because
(09:10):
we were not there much duringthose times.
But this happened a couple timeswhen Kevin and I were there.
Kevin (09:17):
Rather than go pound on his door, which exactly what we
wanted to do.
After the second or third timeof experiencing this, we emailed
him a warning saying that we hadreceived a complaint from
another tenant.
And it ended up not being anissue because shortly after that
he decided to move out with hisgirlfriend.
But the point is, for the mostpart, people do not want to
(09:40):
complain, so sometimes you haveto ask how things are going to
see if they mention anything.
Let's discuss what to do aboutresponding to noise complaints
that come in either from othertenants, or even sometimes
neighbors to your rentalproperty.
First and foremost, take allcomplaints seriously.
(10:01):
You wanna acknowledge thecomplaint and then investigate
it promptly.
Meaning you need to gatherdetails from the person
complaining.
So the nature of the noise, thefrequency that it occurs, the
time of day or night, and thecause of the noise.
Because the cause could be ascreaming child.
And we'll talk more on loudchildren in a minute.
(10:24):
It could be loud music, so likeon a radio or if they're playing
an instrument, or if they'resinging really loud or there's a
band practicing.
I mean, it could be a domesticdispute of people yelling at
each other.
Maybe it's a dog that will justnot stop barking.
Or it could be somethingmotorized like a car, a
(10:44):
machinery that your tenant maybe running.
Not all noise comes from withinthe confines of the unit.
It could be in a garage space ora yard of the property as well.
So as we say with absolutelyeverything that you have to deal
with on your rental property,document, document, document.
(11:05):
Before you go and run to theperson accused of the noise, you
might wanna check with othertenants or neighbors to see if
the noise has bothered them aswell.
And the reason why you would dothis before approaching the loud
person is to see if it's a realproblem for everyone.
Because if it is, you're gonnahave a much stronger case.
Stacie (11:25):
Yeah, and let me jump in here and say that everyone's
perception of noise is differentand varies.
So my son played the drums foryears, so it doesn't bother me
at all when I hear someoneplaying.
But if I hear someone revving aHarley Davidson motorcycle in
their driveway.
Or the next door neighbors whenthey have their gardeners show
(11:46):
up at 7:30 in the morning withtheir blower.
That's gonna drive me nuts.
And some older people are hardof hearing and play their TV
super loud.
Kevin (11:57):
Like your parents.
Stacie (11:58):
Yeah.
Kevin (12:00):
What was it?
42?
44?
Stacie (12:02):
Yeah, exactly.
Like my parents.
Oh, that's funny.
Okay.
My point is just because someonecalls and says that Joe next
door is being really loud, thatdoesn't mean it's an open shut
case.
You have to investigate theissue and get all the
information you can to supportor shut down the complaint.
(12:22):
You know, are the tenants orneighbors not on friendly terms?
Is the person complainingsomeone who just likes to
complain'cause they need theattention?
Or is a complaint valid andneeds to be addressed?
Kevin (12:35):
Exactly.
I mean, when the old guy next tothe house in Chico complained,
we quickly discovered that hewould complain about anything
and everything if you standstill long enough to listen to
him.
So take the time to determinethe cause of the noise.
Is it from normal activity or isit really an excessive
disturbance?
(12:56):
You need to be able todifferentiate between
unavoidable noises likefootsteps and occasional pet
sounds and disruptive noise likeloud music and frequent late
night gatherings.
You may get yourself into asituation where you're forced to
address concerns of neglect orabuse with pets or children.
And after you have gotten somebackground information of the
(13:18):
noise complaint, you will haveto move on communicating
directly with your tenant who ismaking this alleged noise.
You have the choice here ofdoing it in person, which likely
is the most effective manner.
Or you could email or text themtoo.
Regardless of how you discussthe issue, you need to document
(13:38):
the information like your lifedepends on it.
You need notes on what was said,the day and time you discuss the
issue with them, and who waspresent when you discussed the
issue.
And of course, obviously, whatthe tenant said in response.
This is where you need to allowthe tenant to share their
perspective on the noisecomplaint.
(14:01):
And depending on the nature ofthe complaint, you might offer
suggestions on how you canreduce the volume levels.
So, if it is because they wearshoes that are, you know,
clickety, clackity and the noisebugs the tenants in the unit
below, maybe suggest they removetheir shoes when walking around
or install an area rug to helplessen the intensity of the
(14:21):
noise.
If it's a noise in the garagethat comes when the garage door
is open, see if they can closethe garage door when they are
playing an instrument, using abig table saw or a woodworking
project, or testing out amuffler on their Harley or hot
rod.
Work with the tenant to create asolution that will appease all
parties.
(14:42):
You don't want to go in thereguns a blazing, pointing fingers
and making all the change bewith the person making the
noise, unless you absolutelyhave to.
Stacie (14:52):
And when you go talk to the tenant, if they give you
pushback, you might need toremind them of any clause that's
in their lease.
And while there isn't a specificnational law regarding the right
to quiet enjoyment, it is animplied right in most leases,
meaning tenants are entitled toundisturbed use of the property
(15:14):
and states generally have theirown laws codifying these
protections.
This usually also applies toneighbors who might be the ones
complaining about your noisytenant.
So let's go over some examplesin how to handle'em.
The homeowner next door to yourrental property complains that
your tenant frequently playsloud music late at night.
(15:37):
You need to acknowledge thecomplaint and let'em know that
you will speak with the tenantabout reducing noise levels.
When you do speak with a tenant,remind them of your lease
policies that they signed off onand offer potential solutions
such as setting quiet hours.
If the issue persists, you'llneed to serve them with a formal
(15:57):
three day notice to perform orquit, meaning you're taking
their first step in an eviction.
If they do not stop having latenight parties or playing loud
music into the night, you'llhave to serve them with a formal
notice to stop violating thelease or you're going to move
forward with those evictionproceedings.
And this is a common notice andis often used when someone's
(16:19):
late on rent.
You should be able to find astate specific version online.
And sideline here, if you do getto this point, you need to know
your local ordinances regardingeviction and posting formal
notices.
You really need to be carefulabout how they are served and
the dates associated withserving those notices.
(16:40):
When you can take the next stepsare crucial or else you're gonna
need to start this process allover again.
Kevin (16:47):
Yeah, and let's hope it never gets to that point.
Alright, you mentioned quiethours.
We include quiet hours in ourleases, right?
Stacie (16:56):
You know, we used to note in our lease that we had
quiet hours between 10:00 PM and7:00 AM.
But now, gimme a minute.
Let me see if I can find it inmy notes Okay, here we go.
Pulling it up.
All right.
Here it is.
It's a very small paragraph thatis titled Quiet Enjoyment, Waste
(17:22):
and Nuisance.
And it states, resident andresident's guests shall not
violate any criminal or civillaw, ordinance or statute in the
use and occupancy of thepremises commit, waste or
nuisance, annoy, molest, orinterfere with any other person
on the premises or neighboringproperty.
(17:44):
Any such action may result inthe immediate termination of
this agreement as providedherein and by law.
Resident shall refrain fromcreating or allowing to be
created, any noise that isdisturbing to other residents or
with any other person on thepremises or neighboring
property.
(18:04):
Residents are also responsiblefor compliance with any local
noise ordinances.
So one thing I think isimportant to note is that where
we are discussing noisecomplaints, many things fall
under the umbrella of the rightto quiet enjoyment.
Of course noise, but also ifsomeone is a hoarder and has a
(18:25):
ton of stuff stacked outsidetheir unit, like in the garage
or the driveway.
That clutter can be horrible forrodents to nest, and pests are
also part of this quietenjoyment.
Basically, anything that wouldviolate a health and safety
ordinance can be somethingsomeone can complain about
causing them undue stress.
Kevin (18:45):
Right.
So regardless of whether thecomplaint is tenant to tenant or
neighbor to tenant, bottom line,you need to essentially gather
information from both sides andwork to create a solution that
appeases them both.
Often that means you will haveto be a mediator between the
parties working to keep theemotions to a minimum.
(19:07):
And sometimes that means thenoisy tenant at some point could
be evicted, which of courseshould be the very last option.
Stacie (19:16):
I mean, that of course is going to be extreme
situations, but yeah.
What it comes down to is ifthey're violating the lease and
local noise ordinances andrefusing to make any changes and
then also refusing to allow youas a landlord to make any
modifications that might helpwith the situation, then you
(19:37):
would have to advise them thatthe next step is eviction.
Kevin (19:40):
So let me discuss what Stacie means by modifications.
That can be carpeting theupstairs unit, so the floors are
padded and it lessens the noisefor the tenant below.
And sideline, if adding carpetto an upstairs unit, go ahead
and spend the money for aminimum of seven mil carpet pad.
That's the minimum recommendedfor noise suppression, and what
(20:04):
we use in our units above thefirst level that are carpeted.
There are also acoustical tilesthat you can put on the ceiling
and walls that will helpsuppress noise.
Offering the complainant a whitenoise machine will also help
dampen noise.
Now if you seem to get a lot ofnoise complaints from tenants,
when you do a turnover you caninsulate the walls between
(20:27):
units.
I mean where it is best toactually remove the drywall and
place dense insulation that isspecifically used to cancel
noise, if you know there is noinsulation present and your
wiring is all up to date, Iguess you could look into using
spray foam.
I know some companies out herein California go around and cut
(20:47):
holes down low between the studsand then spray the foam up into
the walls.
Now I know they do that forexterior walls, I'm just not
sure they would do that for theinterior walls though.
I am not sure why not, but it'ssomething to look into that
could be minimal cost andrepairs compared to removing the
drywall.
Stacie (21:06):
So I wanna talk a minute about noise complaints involving
children.
If a neighbor complains that thetenant's children are too loud
while playing outside during thedaytime, you'll need to assess
whether the noise isunreasonable or simply typical
child's play.
If the complaint is about normaldaytime activities, you'll have
(21:27):
to explain to the neighbor, oreven if it's another tenant,
children playing is generallynot considered a nuisance.
You'd be hard pressed to findanyone with any legal authority
to say so.
However, if excessive screaming,disruptive behavior, or late
night disturbances are involvedyou will need to discuss
(21:48):
reasonable quiet hours with thetenant and suggest solutions
such as supervised playtimes ordesignated quiet periods.
Maybe you can ask the tenant totake the child to a local park
to play.
You know, there there might be asituation where another tenant
or a neighbor works nights andthey sleep during these daytime
hours, and both are valid.
(22:09):
The complainant has the right tosleep when they need to, and the
child has the right to playoutside during the day when they
want to.
So who wins on that one?
This is the perfect example ofboth parties needing to come
together with an agreement.
Maybe you offer a white noisemachine or earplugs to the
person who needs to sleep, andyou ask the family with a young
(22:30):
child to adjust their playtimeto be inside or go to a park
during the hours when thatperson needs to sleep.
Another common complaintregarding children we hear about
is young adults playing theirmusic or their video games too
loud.
We already touched on our adulttenants screaming while playing
video games, but he was a tenantand we could address him
(22:53):
directly.
If the person causing the noiseis a minor who you know,
honestly should know better, thecomplaint has to go to the adult
on the lease.
They're the ones who areresponsible for handling the
noise regardless of the minor'sage.
And another sideline.
This is exactly why we suggestthat when a minor tenant turns
(23:14):
18 years of age, you add them onas an authorized occupant.
This way, if and when leaseviolations occur that involve
them directly, you can addressthem one-on-one and not have to
go through the tenant.
If they do not comply, theyalone can be evicted, not the
whole family.
All right, but getting back todealing with complaints.
(23:37):
Whatever the outcome, if youbecome involved, before you can
close the book on the complaint,you need to follow up with the
other tenant or the neighbor toensure that the issue has been
resolved.
Kevin (23:50):
Okay, now I wanna discuss what the legal considerations
are over noise complaints.
And here we go with ourdisclosure.
We are not lawyers.
We are simply providinginformation to assist and help
our listeners understand how tohandle issues and situations
that may arise while acting as alandlord.
(24:11):
It is up to you to do follow-upresearch and or consult with
your legal counsel if you havequestions pertaining to this
episode and the legality of yoursituation in your city, county,
or state.
Alright, got that out of theway.
So can landlords be sued overnoise complaints?
(24:31):
Bottom line?
Yes, they can.
But there has to be a lot ofnegligence on the landlord's
part to make that happen.
Landlords may be held liable ifthey fail to address ongoing
noise complaints that violatelease agreements or local noise
ordinances.
If someone complains to youabout noise, which is our
(24:52):
subject today, and you donothing to resolve the issue,
you could be found to beviolating your part of the lease
to provide an implied warrantyof quiet enjoyment.
That is correct, tenants may suefor breach of the implied
warranty of quiet enjoyment,which guarantees their right to
live peacefully in a rentalproperty.
(25:14):
If a landlord fails to takeaction against a noisy tenant
causing significantdisturbances, other tenants or
neighbors may seek legalremedies including small claims
court action or formalcomplaints to housing
authorities.
And let me tell you, this is notworth being sued over.
Do what you need to do either towork things out between the two
(25:35):
parties, provide what isreasonable to help solve or
mitigate the issue or moveforward with an eviction.
The right to quiet enjoyment,which we spoke of earlier, is a
legal principle that ensurestenants have the right to use
their rental without unduedisturbances.
If the landlord does not takereasonable steps to address
(25:58):
excessive noise complaints, theymay be in violation of this
right leading to potential legalclaims.
Stacie (26:05):
And you guys, this right extends to non tenant neighbors
as well.
Meaning that landlords mustensure that their tenants do not
cause disturbances that impactsurrounding community members.
This provision is in the leasefor the tenants to abide by, but
it is also usually in the leaseto protect the tenant as well as
expectations for peacefulliving.
(26:28):
When you sign the lease, youagree to make sure tenants can
live in the unit with little orreasonable disturbances.
Again, today we're talking aboutnoise, but in our episode about
hoarding, we discussed this aswell, and that is in episode 72.
You can listen by going to yourlandlord resource.com/episode
(26:51):
72.
Or you can click the link in ourshow notes.
But noise complaints are by farthe most common issue
surrounding this right topeaceful enjoyment clause.
Okay, we are getting ready towrap up this episode, but not
before we give you some adviceon how to prevent noise
complaints.
(27:11):
We've already touched onsoundproofing your property, so
installing acoustic insulationof walls, floors, and ceilings.
Changing out single pane windowsfor soundproof windows and
doors, or adding carpeting orother noise reducing materials.
You know, that can be difficult,but so can be listening to
people complaining constantly.
(27:32):
So really quickly I wanna talkabout how here in the San
Francisco Bay Area, thousands ofresidents received free double
pane windows installed on theirhomes because of a noise
abatement ordinance that forcedSFO, that's San Francisco
airport, to replace single panewindows with double paned ones
for homes that were in theregular flight path.
(27:54):
My first house in South SanFrancisco benefited from this,
and the sound difference wasamazing.
It used to be when we were onthe phone, we would have to stop
talking when the planes flewover because it was so loud.
I mean, it still was loud afterthe windows were installed, but
they really did help.
So because those implementationsI mentioned can be expensive, we
(28:16):
wanna remind you all of howimportant it is to have cash
reserves held.
This is exactly the improvementsthat those reserves are for.
And if you'd like to learn moreabout what we have to say on
cash reserves, head on over toepisode 28 where we break it all
down for you.
You can find that atyourlandlordresource.com/episode
(28:37):
28, or by going to the link inour show notes.
Kevin (28:40):
Yeah, I mean if you have to spend money, it's better to
be on the improvements to yourproperty than employing a lawyer
to defend you, right?
Stacie (28:48):
Right.
Kevin (28:49):
Alright, almost done here, but you know, we have to
talk about two more things.
Screening your applicant'sproperly and having a solid
lease in place to protect you.
I don't want to get into thedetails of it now, we will do an
episode on tenant screening atsome point here, but you need to
vet your tenants before placingthem.
(29:10):
This means a few things.
One, consider a no pet policy.
Dogs bark, bird squawk.
Animals make noise, so if youwanna avoid a noise complaint
due to a pet, don't allow'em inthe first place.
And if you are going to allowpets, make sure there is a
clause in your lease about thenoise the pet can make.
(29:32):
Vet pets like you do tenants.
Talk to their veterinarian tosee if they are rambunctious or
they're known to make a lot ofnoise.
Talk to previous landlords tosee if there were any issues
with that pet.
And maybe even meet the petyourself if you think that'll
help.
You'll also want to ask previouslandlords about the tenant.
(29:53):
Did they have noise complaintsfiled against them, is one of
our questions we always askprevious landlords.
And let me be clear here.
You cannot refuse to rent to atenant with children because you
think those kids might disturbother tenants.
This is highly illegal asfamilies fall under the Fair
Housing Act or FHA The lawprotects families with children
(30:17):
from discrimination in renting,prohibiting landlords from
refusing to rent or imposingdifferent terms based on
familial status.
All you can do here is setexpectations before the lease
signing.
And speaking of leases, makesure you have a solid state
specific lease.
If you need to find one.
(30:38):
We have a couple ofrecommendations.
If you handle all the managementyourself and just need a lease,
we recommend EZ Landlord Forms.
We cannot recommend these guysenough.
They have state specific leasesand over 400 forms to make your
landlord tenant relationship topnotch.
(30:58):
200 of those forms are free forthose not ready to purchase.
That's all with the freeaccount.
You can get access to all theirforms and leases for 30 days at
a cost of$45, and that includese-sign capabilities.
If you want access to everythingthat's lease, forms, e-sign,
(31:20):
rent collection, and a discounton screening services, you can
pay$15 a month with a minimumpurchase of three months.
Or you can get a really gooddeal with a pro account, and
that's an annual payment of$99 ayear where you get all of the
above for an average monthlyprice of$8.25.
(31:43):
Plus you can use the codeSTACIE15.
That's Stacie with an IE and thenumber 15,(15), to get 15% off
all first time purchases.
And you can find our partnerlink in the show notes.
Stacie (32:00):
Yeah, they used to have a lifetime membership, which was
really a good deal, but I guessbecause it was so popular, they
stopped offering it.
Other ways to find a good leasewould be to ask your Realtor or
join a local real estateassociation.
Like we are part of theCalifornia Apartment
Association, and that grants usaccess to leases and addendums,
(32:21):
we get E-sign, cloud storage ofour leases, property management
courses, legal aid, which is ahuge one, and updates on our
landlord tenant laws that aregonna affect our rental
properties.
And it's expensive to be amember, but we get a lot out of
it.
Most property managementsoftwares also have leases as
(32:41):
well.
I'm not sure if they offer statespecific leases or just more
generalized ones, but we do likeTurbo Tenant.
Where again, you can sign up fora free account and that's gonna
get you unlimited propertylistings, applications, tenant
screening, uh, state specificleases, online rent collection
and maintenance request.
(33:01):
And that's all with the freeaccount.
If you wanna upgrade from thefree account to the pro level,
then you would get unlimitedlease agreements, a landlord
forms pack, expedited rentpayments.
That's means that your ACH rentpayments would come sooner than
the typical five days, customscreening questions.
(33:23):
And that's for$119 annually,which gives you a average
monthly rate of around 10 bucksa month.
And finally, they do have apremium level where you get all
the bells and whistles for$149annually.
That's gonna give you everythingthat you get above, and you get
lower screening fees, unlimitedE-signatures, which is nice when
(33:45):
you have multiple tenants on thelease.
And they also waive the ACHfees, which right there is worth
it for us because we have paidmuch higher rates for ACH
deposits.
So just by using Turbo TenantPro for this service alone, it's
worth it.
Now we'll link Turbo Tenant inthe show notes for you.
'cause even just signing up forthe free account is worth it, in
(34:06):
our opinion.
Kevin (34:07):
Yeah, it is.
And Kid two just signed up withthem for this new rental, right?
Stacie (34:12):
He did.
You know, listen, we're partnerswith several property management
software companies, but TurboTenant is our go-to for those
who are just starting out,either with rentals or for
software.
You can't go wrong creating afree account and learning what
they're about.
They're a great company and theydo really take care of their
members.
Kevin (34:32):
Alright, so let me go over what we have discussed
today.
As landlords your bestpractices, regardless of whether
you receive a noise complaint ornot, is to: Maintain open
communication with tenants.
Make sure they know the best wayto contact you.
Address complaints consistentlyand fairly.
(34:53):
Look into both sides of thestory and do your best to
mediate the situation, and offerremedies on your own if you can.
Make sure you regularly reviewand update your lease agreement
to reflect noise policies.
Use addendums in your lease whenthere is specific items to
address for your property thatare not otherwise covered in
(35:14):
your lease.
Thoroughly screen tenants toensure you have done all you can
to avoid tenants who mightbecome a nuisance.
Finally encourage a harmoniousliving environment to improve
tenant satisfaction andretention by being kind,
responsible, and organized whenself-managing your rental
(35:35):
properties.
Stacie (35:36):
Very nice recap there.
Kevin (35:38):
Thank you.
Stacie (35:40):
Yeah, noise complaints are common issue in rental
properties, especially inmultifamily units.
As Kevin had mentioned,proactive prevention and
effective communication,enforcement of your policies
really does help resolvedisputes and is key to ensuring
peaceful living environments foryour tenants.
(36:00):
That's our show for today.
If you enjoy this episode, wouldyou do us a favor and leave us a
kind review of the podcast?
Reviews help others find outthat you know we're the real
deal.
And if you wanna hear more,follow or subscribe to the
podcast so that each week theepisodes are downloaded right
into your favorite podcastplatform.
(36:21):
We would love to stay in contactwith you.
In the show notes you can findlinks to all the free downloads
we offer, ways to sign up forour free newsletter, and the
wait list for upcoming course ontenant screening.
There's also links to ourprivate Facebook group that is
just for landlords.
Plus our social media accountson Instagram and Facebook, as
(36:43):
well as YouTube.
I think that's about it.
Thanks again for listening.
Until next time, you've got thislandlords.
You guys, we cannot know if someone has a noise issue
unless we are told or happen tobe on the property when it
happens.
So if someone complains to youand the complaint is fair, be
happy it's happening so that youcan know if you have crappy
tenants.
What is worse is when you losegood tenants because nothing is
(00:22):
done about the noise violationsof bad ones.
Regardless of whether they payon time or not, everyone around
your rental property has theright to quiet enjoyment, and
this includes other tenants andneighbors.
But we do understand that peopledo not wanna complain.
Maybe they fear they'll betargeted by the other tenant.
(00:42):
Maybe they fear you as alandlord, will think ill of them
for complaining and don't wannabe a bother.
Regardless, you need to make itclear you wanna know when their
living experience is no longerenjoyable at your rental
property.
Welcome to Your LandlordResource podcast.
(01:04):
Many moons ago when I started asa landlord, I was as green as it
gets.
I may have had my real estatelicense, but I lack confidence
and the hands-on experienceneeded when it came to dealing
with tenants, leases,maintenance, and bookkeeping
after many failed attempts.
Fast forward to today, Kevin andI have doubled our doors and
created an organized.
Professionally operated rentalproperty business.
(01:26):
Want to go from overwhelm toconfident if you're an ambitious
landlord or maybe one in themaking.
Join us as we provide strategiesand teach actionable steps to
help you reach your goals andthe lifestyle you desire.
All well building is streamlinedand profitable rental property
business.
This is Your Landlord ResourcePodcast.
(01:50):
Hello there landlords.
Thanks for tuning into the YourLandlord Resource podcast.
I am your host, Stacie Casellahere with my co-host and my
partner in crime, Kevin Kilroy.
Kevin (02:03):
Hey there everyone.
Stacie (02:05):
So, today on the podcast we are going over how to handle
noise complaints.
I will say that we have beensuper lucky in this area with
essentially no complaints thatwe've had to deal with.
Kevin (02:20):
Well, I think that would be because no one ever
complained when the tenant wasactually living in the unit.
I mean, it seems like as soon assomeone who is disruptive to
other tenants and neighborsmoves out, everyone just comes
out of the woodwork to let usknow how awful they were.
Stacie (02:36):
Right?
I mean, we always tell them, ifyou have issues, please let us
know.
And that includes issues withnoise levels of other tenants.
So which story should we startwith?
The young guys in our jinx unitor our own kid.
Kevin (02:54):
Oh, come on, kid two wasn't that bad.
Uh, let's start with the otherguys.
Stacie (02:59):
Okay.
In Sacramento, we have this unitthat seems to turn over
frequently.
Which we have now dubbed thejinxed unit.
The longest we have had a tenantstay in there was two years.
For the most part, people onlystay a year and then they move
on.
And side note that is because weseem to always get roommates for
(03:20):
this two bedroom, two bath.
I would say only one time wasthere a couple in there and they
would have stayed longer, butunfortunately, his dad passed
away.
And lucky for him, he inheritedthe father's home, and they
moved out after two years.
Every single other tenant hasmoved on after a year or a year
(03:41):
and a half.
All right, so back to the noiseissue.
We had a couple guys who met upon Facebook that had gotten one
year fellowships at the capitolin Sacramento.
So without knowing each other,they moved in together.
One guy apparently was a partierand had a party one weekend when
(04:02):
the other roommate was outtatown.
Long and short of it is that theother tenants knocked and asked
him to keep the noise down afterthe clock hit 10 or 11 o'clock
that night.
Now mind you, this is aVictorian home that was
renovated into six units.
Even with the noise, reducingfloors and insulation, when
someone is throwing a party, allthe units are gonna hear it.
(04:24):
And on top of that closeproximity, the neighbors, which
is a townhouse, right on theproperty line.
Those neighbors are about 10feet from the entrance of this
unit, so of course they wereaffected as well.
So this guy has a party andeither him or someone who was
there got sick to their stomachand instead of going to the
(04:45):
bathroom, apparently this personwas still from the frat college
days and decided to go outsidethe front door, which is on the
second story, and projectilevomit all down the neighbor's
side of the house.
And you guys we're not makingthis shit up.
So apparently the neighbors hadthis guy come and clean it up
(05:07):
the next day, but we never heardhide nor hair about this until
they moved out.
Kevin (05:14):
And apparently these two roommates, I mean, didn't get
along anyway, and they hadfrequent yelling matches as
well.
Stacie (05:20):
Right.
So we are working there afterthey moved out doing the
turnover.
And that is when everyonedecides to let us know how
horrible these tenants were.
Did they pay rent on time?
Yes.
Was the unit well cared for whenwe went in for inspections?
Yes.
(05:40):
You guys, we cannot know ifsomeone has a noise issue unless
we are told or happen to be onthe property when it happens.
So if someone complains to youand the complaint is fair, be
happy it's happening so that youcan know if you have crappy
tenants.
What is worse is when you losegood tenants because nothing is
(06:03):
done about the noise violationsof bad ones.
Regardless of whether they payon time or not, everyone around
your rental property has theright to quiet enjoyment, and
this includes other tenants andneighbors.
But we do understand that peopledo not wanna complain.
Maybe they fear they'll betargeted by the other tenant.
(06:23):
Maybe they fear you as alandlord, will think ill of them
for complaining and don't wannabe a bother.
Regardless, you need to make itclear you wanna know when their
living experience is no longerenjoyable at your rental
property.
Kevin (06:38):
All right.
Uh, do we wanna tell morestories now?
Stacie (06:42):
Sure.
We have a couple more.
Kevin (06:44):
Okay.
I mean, so the other one aboutkid two is minor.
And as you may know, wepurchased a single family home
rental for kid two and hisroommates to live in while
attending college up in Chico,California.
I will begin with this, kidnumber two is not a huge
partier, so we really didn'tfeel we had much to worry about.
(07:07):
Kid two was also veryresponsible, and if there was
gonna be excessive noise he'dusually let the neighbors know.
And for context on one sideacross the street and then right
behind this home, were regularpeople living there.
Only on one side was there ahouse with college students.
Stacie (07:27):
Yeah.
And a huge frat house threedoors down.
Kevin (07:30):
Yeah, exactly.
Which those guys were super loudat all times of the day.
So that's why we really didn'tworry about kid two.
Only one time when we were upthere working after he had moved
out, did the neighbors comearound.
I think more to be nosy and seeif we were selling it or if more
college kids were moving in.
(07:50):
And that's when they told usthat for the most part, the
house was quiet and respectableand only quote unquote a few
times did he throw a party thatgot a little loud.
Of course we apologized and atthat point, what were we gonna
do about it?
Stacie (08:05):
Well, I think they were politely saying, we know that
was your kid and we put up withit because of that.
But if you rent to more collegekids, were not gonna be so
forgiving.
Kevin (08:17):
Yeah, maybe, I guess.
I mean, that old guy next doorwas a real pain, regardless of
who lived there.
I mean, he complained when itwas vacant for crying out loud.
Stacie (08:27):
Yeah.
All right, then back toSacramento.
We also had the single guy whoworked at the capitol that was
in a one bed unit.
Never heard a peep out of thisguy.
And then one time we were upthere and working in the
basement, getting some stuffdone, and oh my Lord.
(08:48):
He was playing video games andscreaming at the top of his
lungs.
Using a lot of profanity.
Now, I have been known to have afoul mouth, but this guy was
really bad and this was precovid, so most of the tenants
were still leaving work duringthe day.
So we can't say if he did thison nights and weekends because
(09:10):
we were not there much duringthose times.
But this happened a couple timeswhen Kevin and I were there.
Kevin (09:17):
Rather than go pound on his door, which exactly what we
wanted to do.
After the second or third timeof experiencing this, we emailed
him a warning saying that we hadreceived a complaint from
another tenant.
And it ended up not being anissue because shortly after that
he decided to move out with hisgirlfriend.
But the point is, for the mostpart, people do not want to
(09:40):
complain, so sometimes you haveto ask how things are going to
see if they mention anything.
Let's discuss what to do aboutresponding to noise complaints
that come in either from othertenants, or even sometimes
neighbors to your rentalproperty.
First and foremost, take allcomplaints seriously.
(10:01):
You wanna acknowledge thecomplaint and then investigate
it promptly.
Meaning you need to gatherdetails from the person
complaining.
So the nature of the noise, thefrequency that it occurs, the
time of day or night, and thecause of the noise.
Because the cause could be ascreaming child.
And we'll talk more on loudchildren in a minute.
(10:24):
It could be loud music, so likeon a radio or if they're playing
an instrument, or if they'resinging really loud or there's a
band practicing.
I mean, it could be a domesticdispute of people yelling at
each other.
Maybe it's a dog that will justnot stop barking.
Or it could be somethingmotorized like a car, a
(10:44):
machinery that your tenant maybe running.
Not all noise comes from withinthe confines of the unit.
It could be in a garage space ora yard of the property as well.
So as we say with absolutelyeverything that you have to deal
with on your rental property,document, document, document.
(11:05):
Before you go and run to theperson accused of the noise, you
might wanna check with othertenants or neighbors to see if
the noise has bothered them aswell.
And the reason why you would dothis before approaching the loud
person is to see if it's a realproblem for everyone.
Because if it is, you're gonnahave a much stronger case.
Stacie (11:25):
Yeah, and let me jump in here and say that everyone's
perception of noise is differentand varies.
So my son played the drums foryears, so it doesn't bother me
at all when I hear someoneplaying.
But if I hear someone revving aHarley Davidson motorcycle in
their driveway.
Or the next door neighbors whenthey have their gardeners show
(11:46):
up at 7:30 in the morning withtheir blower.
That's gonna drive me nuts.
And some older people are hardof hearing and play their TV
super loud.
Kevin (11:57):
Like your parents.
Stacie (11:58):
Yeah.
Kevin (12:00):
What was it?
42?
44?
Stacie (12:02):
Yeah, exactly.
Like my parents.
Oh, that's funny.
Okay.
My point is just because someonecalls and says that Joe next
door is being really loud, thatdoesn't mean it's an open shut
case.
You have to investigate theissue and get all the
information you can to supportor shut down the complaint.
(12:22):
You know, are the tenants orneighbors not on friendly terms?
Is the person complainingsomeone who just likes to
complain'cause they need theattention?
Or is a complaint valid andneeds to be addressed?
Kevin (12:35):
Exactly.
I mean, when the old guy next tothe house in Chico complained,
we quickly discovered that hewould complain about anything
and everything if you standstill long enough to listen to
him.
So take the time to determinethe cause of the noise.
Is it from normal activity or isit really an excessive
disturbance?
(12:56):
You need to be able todifferentiate between
unavoidable noises likefootsteps and occasional pet
sounds and disruptive noise likeloud music and frequent late
night gatherings.
You may get yourself into asituation where you're forced to
address concerns of neglect orabuse with pets or children.
And after you have gotten somebackground information of the
(13:18):
noise complaint, you will haveto move on communicating
directly with your tenant who ismaking this alleged noise.
You have the choice here ofdoing it in person, which likely
is the most effective manner.
Or you could email or text themtoo.
Regardless of how you discussthe issue, you need to document
(13:38):
the information like your lifedepends on it.
You need notes on what was said,the day and time you discuss the
issue with them, and who waspresent when you discussed the
issue.
And of course, obviously, whatthe tenant said in response.
This is where you need to allowthe tenant to share their
perspective on the noisecomplaint.
(14:01):
And depending on the nature ofthe complaint, you might offer
suggestions on how you canreduce the volume levels.
So, if it is because they wearshoes that are, you know,
clickety, clackity and the noisebugs the tenants in the unit
below, maybe suggest they removetheir shoes when walking around
or install an area rug to helplessen the intensity of the
(14:21):
noise.
If it's a noise in the garagethat comes when the garage door
is open, see if they can closethe garage door when they are
playing an instrument, using abig table saw or a woodworking
project, or testing out amuffler on their Harley or hot
rod.
Work with the tenant to create asolution that will appease all
parties.
(14:42):
You don't want to go in thereguns a blazing, pointing fingers
and making all the change bewith the person making the
noise, unless you absolutelyhave to.
Stacie (14:52):
And when you go talk to the tenant, if they give you
pushback, you might need toremind them of any clause that's
in their lease.
And while there isn't a specificnational law regarding the right
to quiet enjoyment, it is animplied right in most leases,
meaning tenants are entitled toundisturbed use of the property
(15:14):
and states generally have theirown laws codifying these
protections.
This usually also applies toneighbors who might be the ones
complaining about your noisytenant.
So let's go over some examplesin how to handle'em.
The homeowner next door to yourrental property complains that
your tenant frequently playsloud music late at night.
(15:37):
You need to acknowledge thecomplaint and let'em know that
you will speak with the tenantabout reducing noise levels.
When you do speak with a tenant,remind them of your lease
policies that they signed off onand offer potential solutions
such as setting quiet hours.
If the issue persists, you'llneed to serve them with a formal
(15:57):
three day notice to perform orquit, meaning you're taking
their first step in an eviction.
If they do not stop having latenight parties or playing loud
music into the night, you'llhave to serve them with a formal
notice to stop violating thelease or you're going to move
forward with those evictionproceedings.
And this is a common notice andis often used when someone's
(16:19):
late on rent.
You should be able to find astate specific version online.
And sideline here, if you do getto this point, you need to know
your local ordinances regardingeviction and posting formal
notices.
You really need to be carefulabout how they are served and
the dates associated withserving those notices.
(16:40):
When you can take the next stepsare crucial or else you're gonna
need to start this process allover again.
Kevin (16:47):
Yeah, and let's hope it never gets to that point.
Alright, you mentioned quiethours.
We include quiet hours in ourleases, right?
Stacie (16:56):
You know, we used to note in our lease that we had
quiet hours between 10:00 PM and7:00 AM.
But now, gimme a minute.
Let me see if I can find it inmy notes Okay, here we go.
Pulling it up.
All right.
Here it is.
It's a very small paragraph thatis titled Quiet Enjoyment, Waste
(17:22):
and Nuisance.
And it states, resident andresident's guests shall not
violate any criminal or civillaw, ordinance or statute in the
use and occupancy of thepremises commit, waste or
nuisance, annoy, molest, orinterfere with any other person
on the premises or neighboringproperty.
(17:44):
Any such action may result inthe immediate termination of
this agreement as providedherein and by law.
Resident shall refrain fromcreating or allowing to be
created, any noise that isdisturbing to other residents or
with any other person on thepremises or neighboring
property.
(18:04):
Residents are also responsiblefor compliance with any local
noise ordinances.
So one thing I think isimportant to note is that where
we are discussing noisecomplaints, many things fall
under the umbrella of the rightto quiet enjoyment.
Of course noise, but also ifsomeone is a hoarder and has a
(18:25):
ton of stuff stacked outsidetheir unit, like in the garage
or the driveway.
That clutter can be horrible forrodents to nest, and pests are
also part of this quietenjoyment.
Basically, anything that wouldviolate a health and safety
ordinance can be somethingsomeone can complain about
causing them undue stress.
Kevin (18:45):
Right.
So regardless of whether thecomplaint is tenant to tenant or
neighbor to tenant, bottom line,you need to essentially gather
information from both sides andwork to create a solution that
appeases them both.
Often that means you will haveto be a mediator between the
parties working to keep theemotions to a minimum.
(19:07):
And sometimes that means thenoisy tenant at some point could
be evicted, which of courseshould be the very last option.
Stacie (19:16):
I mean, that of course is going to be extreme
situations, but yeah.
What it comes down to is ifthey're violating the lease and
local noise ordinances andrefusing to make any changes and
then also refusing to allow youas a landlord to make any
modifications that might helpwith the situation, then you
(19:37):
would have to advise them thatthe next step is eviction.
Kevin (19:40):
So let me discuss what Stacie means by modifications.
That can be carpeting theupstairs unit, so the floors are
padded and it lessens the noisefor the tenant below.
And sideline, if adding carpetto an upstairs unit, go ahead
and spend the money for aminimum of seven mil carpet pad.
That's the minimum recommendedfor noise suppression, and what
(20:04):
we use in our units above thefirst level that are carpeted.
There are also acoustical tilesthat you can put on the ceiling
and walls that will helpsuppress noise.
Offering the complainant a whitenoise machine will also help
dampen noise.
Now if you seem to get a lot ofnoise complaints from tenants,
when you do a turnover you caninsulate the walls between
(20:27):
units.
I mean where it is best toactually remove the drywall and
place dense insulation that isspecifically used to cancel
noise, if you know there is noinsulation present and your
wiring is all up to date, Iguess you could look into using
spray foam.
I know some companies out herein California go around and cut
(20:47):
holes down low between the studsand then spray the foam up into
the walls.
Now I know they do that forexterior walls, I'm just not
sure they would do that for theinterior walls though.
I am not sure why not, but it'ssomething to look into that
could be minimal cost andrepairs compared to removing the
drywall.
Stacie (21:06):
So I wanna talk a minute about noise complaints involving
children.
If a neighbor complains that thetenant's children are too loud
while playing outside during thedaytime, you'll need to assess
whether the noise isunreasonable or simply typical
child's play.
If the complaint is about normaldaytime activities, you'll have
(21:27):
to explain to the neighbor, oreven if it's another tenant,
children playing is generallynot considered a nuisance.
You'd be hard pressed to findanyone with any legal authority
to say so.
However, if excessive screaming,disruptive behavior, or late
night disturbances are involvedyou will need to discuss
(21:48):
reasonable quiet hours with thetenant and suggest solutions
such as supervised playtimes ordesignated quiet periods.
Maybe you can ask the tenant totake the child to a local park
to play.
You know, there there might be asituation where another tenant
or a neighbor works nights andthey sleep during these daytime
hours, and both are valid.
(22:09):
The complainant has the right tosleep when they need to, and the
child has the right to playoutside during the day when they
want to.
So who wins on that one?
This is the perfect example ofboth parties needing to come
together with an agreement.
Maybe you offer a white noisemachine or earplugs to the
person who needs to sleep, andyou ask the family with a young
(22:30):
child to adjust their playtimeto be inside or go to a park
during the hours when thatperson needs to sleep.
Another common complaintregarding children we hear about
is young adults playing theirmusic or their video games too
loud.
We already touched on our adulttenants screaming while playing
video games, but he was a tenantand we could address him
(22:53):
directly.
If the person causing the noiseis a minor who you know,
honestly should know better, thecomplaint has to go to the adult
on the lease.
They're the ones who areresponsible for handling the
noise regardless of the minor'sage.
And another sideline.
This is exactly why we suggestthat when a minor tenant turns
(23:14):
18 years of age, you add them onas an authorized occupant.
This way, if and when leaseviolations occur that involve
them directly, you can addressthem one-on-one and not have to
go through the tenant.
If they do not comply, theyalone can be evicted, not the
whole family.
All right, but getting back todealing with complaints.
(23:37):
Whatever the outcome, if youbecome involved, before you can
close the book on the complaint,you need to follow up with the
other tenant or the neighbor toensure that the issue has been
resolved.
Kevin (23:50):
Okay, now I wanna discuss what the legal considerations
are over noise complaints.
And here we go with ourdisclosure.
We are not lawyers.
We are simply providinginformation to assist and help
our listeners understand how tohandle issues and situations
that may arise while acting as alandlord.
(24:11):
It is up to you to do follow-upresearch and or consult with
your legal counsel if you havequestions pertaining to this
episode and the legality of yoursituation in your city, county,
or state.
Alright, got that out of theway.
So can landlords be sued overnoise complaints?
(24:31):
Bottom line?
Yes, they can.
But there has to be a lot ofnegligence on the landlord's
part to make that happen.
Landlords may be held liable ifthey fail to address ongoing
noise complaints that violatelease agreements or local noise
ordinances.
If someone complains to youabout noise, which is our
(24:52):
subject today, and you donothing to resolve the issue,
you could be found to beviolating your part of the lease
to provide an implied warrantyof quiet enjoyment.
That is correct, tenants may suefor breach of the implied
warranty of quiet enjoyment,which guarantees their right to
live peacefully in a rentalproperty.
(25:14):
If a landlord fails to takeaction against a noisy tenant
causing significantdisturbances, other tenants or
neighbors may seek legalremedies including small claims
court action or formalcomplaints to housing
authorities.
And let me tell you, this is notworth being sued over.
Do what you need to do either towork things out between the two
(25:35):
parties, provide what isreasonable to help solve or
mitigate the issue or moveforward with an eviction.
The right to quiet enjoyment,which we spoke of earlier, is a
legal principle that ensurestenants have the right to use
their rental without unduedisturbances.
If the landlord does not takereasonable steps to address
(25:58):
excessive noise complaints, theymay be in violation of this
right leading to potential legalclaims.
Stacie (26:05):
And you guys, this right extends to non tenant neighbors
as well.
Meaning that landlords mustensure that their tenants do not
cause disturbances that impactsurrounding community members.
This provision is in the leasefor the tenants to abide by, but
it is also usually in the leaseto protect the tenant as well as
expectations for peacefulliving.
(26:28):
When you sign the lease, youagree to make sure tenants can
live in the unit with little orreasonable disturbances.
Again, today we're talking aboutnoise, but in our episode about
hoarding, we discussed this aswell, and that is in episode 72.
You can listen by going to yourlandlord resource.com/episode
(26:51):
72.
Or you can click the link in ourshow notes.
But noise complaints are by farthe most common issue
surrounding this right topeaceful enjoyment clause.
Okay, we are getting ready towrap up this episode, but not
before we give you some adviceon how to prevent noise
complaints.
(27:11):
We've already touched onsoundproofing your property, so
installing acoustic insulationof walls, floors, and ceilings.
Changing out single pane windowsfor soundproof windows and
doors, or adding carpeting orother noise reducing materials.
You know, that can be difficult,but so can be listening to
people complaining constantly.
(27:32):
So really quickly I wanna talkabout how here in the San
Francisco Bay Area, thousands ofresidents received free double
pane windows installed on theirhomes because of a noise
abatement ordinance that forcedSFO, that's San Francisco
airport, to replace single panewindows with double paned ones
for homes that were in theregular flight path.
(27:54):
My first house in South SanFrancisco benefited from this,
and the sound difference wasamazing.
It used to be when we were onthe phone, we would have to stop
talking when the planes flewover because it was so loud.
I mean, it still was loud afterthe windows were installed, but
they really did help.
So because those implementationsI mentioned can be expensive, we
(28:16):
wanna remind you all of howimportant it is to have cash
reserves held.
This is exactly the improvementsthat those reserves are for.
And if you'd like to learn moreabout what we have to say on
cash reserves, head on over toepisode 28 where we break it all
down for you.
You can find that atyourlandlordresource.com/episode
(28:37):
28, or by going to the link inour show notes.
Kevin (28:40):
Yeah, I mean if you have to spend money, it's better to
be on the improvements to yourproperty than employing a lawyer
to defend you, right?
Stacie (28:48):
Right.
Kevin (28:49):
Alright, almost done here, but you know, we have to
talk about two more things.
Screening your applicant'sproperly and having a solid
lease in place to protect you.
I don't want to get into thedetails of it now, we will do an
episode on tenant screening atsome point here, but you need to
vet your tenants before placingthem.
(29:10):
This means a few things.
One, consider a no pet policy.
Dogs bark, bird squawk.
Animals make noise, so if youwanna avoid a noise complaint
due to a pet, don't allow'em inthe first place.
And if you are going to allowpets, make sure there is a
clause in your lease about thenoise the pet can make.
(29:32):
Vet pets like you do tenants.
Talk to their veterinarian tosee if they are rambunctious or
they're known to make a lot ofnoise.
Talk to previous landlords tosee if there were any issues
with that pet.
And maybe even meet the petyourself if you think that'll
help.
You'll also want to ask previouslandlords about the tenant.
(29:53):
Did they have noise complaintsfiled against them, is one of
our questions we always askprevious landlords.
And let me be clear here.
You cannot refuse to rent to atenant with children because you
think those kids might disturbother tenants.
This is highly illegal asfamilies fall under the Fair
Housing Act or FHA The lawprotects families with children
(30:17):
from discrimination in renting,prohibiting landlords from
refusing to rent or imposingdifferent terms based on
familial status.
All you can do here is setexpectations before the lease
signing.
And speaking of leases, makesure you have a solid state
specific lease.
If you need to find one.
(30:38):
We have a couple ofrecommendations.
If you handle all the managementyourself and just need a lease,
we recommend EZ Landlord Forms.
We cannot recommend these guysenough.
They have state specific leasesand over 400 forms to make your
landlord tenant relationship topnotch.
(30:58):
200 of those forms are free forthose not ready to purchase.
That's all with the freeaccount.
You can get access to all theirforms and leases for 30 days at
a cost of$45, and that includese-sign capabilities.
If you want access to everythingthat's lease, forms, e-sign,
(31:20):
rent collection, and a discounton screening services, you can
pay$15 a month with a minimumpurchase of three months.
Or you can get a really gooddeal with a pro account, and
that's an annual payment of$99 ayear where you get all of the
above for an average monthlyprice of$8.25.
(31:43):
Plus you can use the codeSTACIE15.
That's Stacie with an IE and thenumber 15,(15), to get 15% off
all first time purchases.
And you can find our partnerlink in the show notes.
Stacie (32:00):
Yeah, they used to have a lifetime membership, which was
really a good deal, but I guessbecause it was so popular, they
stopped offering it.
Other ways to find a good leasewould be to ask your Realtor or
join a local real estateassociation.
Like we are part of theCalifornia Apartment
Association, and that grants usaccess to leases and addendums,
(32:21):
we get E-sign, cloud storage ofour leases, property management
courses, legal aid, which is ahuge one, and updates on our
landlord tenant laws that aregonna affect our rental
properties.
And it's expensive to be amember, but we get a lot out of
it.
Most property managementsoftwares also have leases as
(32:41):
well.
I'm not sure if they offer statespecific leases or just more
generalized ones, but we do likeTurbo Tenant.
Where again, you can sign up fora free account and that's gonna
get you unlimited propertylistings, applications, tenant
screening, uh, state specificleases, online rent collection
and maintenance request.
(33:01):
And that's all with the freeaccount.
If you wanna upgrade from thefree account to the pro level,
then you would get unlimitedlease agreements, a landlord
forms pack, expedited rentpayments.
That's means that your ACH rentpayments would come sooner than
the typical five days, customscreening questions.
(33:23):
And that's for$119 annually,which gives you a average
monthly rate of around 10 bucksa month.
And finally, they do have apremium level where you get all
the bells and whistles for$149annually.
That's gonna give you everythingthat you get above, and you get
lower screening fees, unlimitedE-signatures, which is nice when
(33:45):
you have multiple tenants on thelease.
And they also waive the ACHfees, which right there is worth
it for us because we have paidmuch higher rates for ACH
deposits.
So just by using Turbo TenantPro for this service alone, it's
worth it.
Now we'll link Turbo Tenant inthe show notes for you.
'cause even just signing up forthe free account is worth it, in
(34:06):
our opinion.
Kevin (34:07):
Yeah, it is.
And Kid two just signed up withthem for this new rental, right?
Stacie (34:12):
He did.
You know, listen, we're partnerswith several property management
software companies, but TurboTenant is our go-to for those
who are just starting out,either with rentals or for
software.
You can't go wrong creating afree account and learning what
they're about.
They're a great company and theydo really take care of their
members.
Kevin (34:32):
Alright, so let me go over what we have discussed
today.
As landlords your bestpractices, regardless of whether
you receive a noise complaint ornot, is to: Maintain open
communication with tenants.
Make sure they know the best wayto contact you.
Address complaints consistentlyand fairly.
(34:53):
Look into both sides of thestory and do your best to
mediate the situation, and offerremedies on your own if you can.
Make sure you regularly reviewand update your lease agreement
to reflect noise policies.
Use addendums in your lease whenthere is specific items to
address for your property thatare not otherwise covered in
(35:14):
your lease.
Thoroughly screen tenants toensure you have done all you can
to avoid tenants who mightbecome a nuisance.
Finally encourage a harmoniousliving environment to improve
tenant satisfaction andretention by being kind,
responsible, and organized whenself-managing your rental
(35:35):
properties.
Stacie (35:36):
Very nice recap there.
Kevin (35:38):
Thank you.
Stacie (35:40):
Yeah, noise complaints are common issue in rental
properties, especially inmultifamily units.
As Kevin had mentioned,proactive prevention and
effective communication,enforcement of your policies
really does help resolvedisputes and is key to ensuring
peaceful living environments foryour tenants.
(36:00):
That's our show for today.
If you enjoy this episode, wouldyou do us a favor and leave us a
kind review of the podcast?
Reviews help others find outthat you know we're the real
deal.
And if you wanna hear more,follow or subscribe to the
podcast so that each week theepisodes are downloaded right
into your favorite podcastplatform.
(36:21):
We would love to stay in contactwith you.
In the show notes you can findlinks to all the free downloads
we offer, ways to sign up forour free newsletter, and the
wait list for upcoming course ontenant screening.
There's also links to ourprivate Facebook group that is
just for landlords.
Plus our social media accountson Instagram and Facebook, as
(36:43):
well as YouTube.
I think that's about it.
Thanks again for listening.
Until next time, you've got thislandlords.
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