Choosing to rent rather than buy a home doesn’t mean you have to put up with difficult neighbors who interfere with your peace and quiet or other use of the place you call home. In fact, tenants have the same rights as homeowners under local laws that regulate activities that could disturb neighbors, such as making excessive noise. And you don’t necessarily need to solve the problem yourself: Your landlord might have a duty to help.
Your Right to “Quiet Enjoyment”
When an annoying situation is something within the landlord’s control—such as another tenant parking in your assigned spot or a common door that slams loudly multiple times during the night—your landlord might have a duty to take measures to restore the peace. Leases and rental agreements often contain a clause entitling tenants to “quiet enjoyment” of their rental. In general, this means that tenants have the right to use their property peacefully and without interference. Many courts have held that tenants have a right to quiet enjoyment even then their lease or rental agreement is silent on the matter.
Enlist your landlord’s help in resolving the situation (especially if you’re concerned about approaching the offending neighbor on your own). If an oral request doesn’t work, send your landlord a letter setting forth the problem. Be sure to point out the clause of your lease or rental agreement that guarantees quiet enjoyment, if applicable. If your landlord refuses to help (for example, by evicting the tenant who’s unreasonably disturbing you), you might be able to withhold rent or legally break your lease. Before you take any self-help measures, be sure to check your state’s laws on rent withholding and breaking leases—not all states allow these remedies. A local landlord-tenant attorney can advise you on how to legally enforce your right of quiet enjoyment.
Contact Your Neighbor’s Landlord for Help
If your troublesome neighbor rents from a different landlord, consider contacting that landlord. Depending on where you live, your neighbor’s landlord might have a legal responsibility to take action, especially if it's a serious situation, such as drug dealing. Also, many cities and towns have require landlords to obtain rental licenses, and repeated complaints about tenants at a rental might jeopardize a landlord’s license. Regardless, it’s usually in a landlord’s best interests to quash problematic tenant behavior.
If your complaint falls on deaf ears, you might have to take matters into your own hands. Nuisance laws protect people from activities that interfere with their reasonable use and enjoyment of life or property. As a renter, you are protected by nuisance laws. Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord. A local personal injury or real estate lawyer can help you prepare your case and file a lawsuit.
Call the Police When Neighbors Are Noisy
Although noisy neighbors are especially annoying when you share walls, they can be a problem even when you rent a single-family home. No matter where you rent, you don’t have to put up with loud music or frequent parties, especially late at night or early in the morning.
Local ordinances in most communities prohibit excessive, unnecessary, and unreasonable noise; these often designate “quiet hours” as well as prohibit sustained noise that exceeds a certain decibel level. Call the local police with your noise complaint and ask them to pay your neighbor a visit. To find your municipality's noise rules, look up the local ordinances.
Renters in university towns might have an additional resource if the disturbance is caused by partying students. Many colleges and universities have public relations departments that deal with (and punish) rowdy student behavior. Often, when local police receive complaints, they will involve the university as well. If you’re hesitant to get students in trouble with the local police, consider looking into whether the students’ school has its own ordinance enforcement department and policies.
No matter where you lodge your complaint, you might be most successful if you work with other tenants and neighbors who are disturbed by the excessive noise. Try recruiting a number of your (law-abiding) neighbors to file complaints with the police, or ban together to make a group complaint.
Gather Evidence of the Problem
If the loud noise continues, and your landlord (and the police, if involved) hasn’t helped, you might need a court to intervene before you’re able to enjoy your space and sleep through the night. Depending on the problem and your particular neighbor, you might first try mediation (available through many community housing agencies at no or low cost).
Whether you go to mediation or decide that a lawsuit is the only way to resolve a problem with your neighbor, you will need to have proof of the grounds for your complaint. For example, if noise is the problem, keep a diary of the dates and times when your neighbor is loud (backed up with sound recordings, if possible), along with police reports and copies of any written complaints you’ve made.
If you’re seeking only money damages (say, for the diminished value of your rental), you can use small claims court, depending on the amount of money you're asking for. For a court order telling your neighbor to stop the noise ("abate the nuisance," in legalese), you'll have to sue in regular court.
If the problem is an improperly parked car or unleashed dog, taking photos or videos can be crucial for making your case.
The law surrounding troublesome neighbors in rental property is complicated. Plus, the facts of each case are unique. For more detailed, specific information, see if a local housing authority or tenants’ rights group provides free or low-cost legal assistance in your area (you can usually find these groups by searching the Internet for your town’s name and “renters’ assistance”). Otherwise, consulting a local attorney might be your best option.