Every renter deserves peace and quiet. But because every renter is different, they may interpret “quiet” in different ways, which can lead to uncomfortable situations for landlords. For one tenant, “quiet” may mean a silent evening of unwinding in front of the television. For another, “quiet” might mean their nightly DJ practice barely falls short of shaking the window panes. It’s important for you as a landlord to make sure that everyone in your building has the same understanding of the word “quiet,” or things can get difficult.
What Does “Quiet Enjoyment” Mean?
“Quiet enjoyment” is typically an implied assurance between the tenant and landlord. The provision for quiet enjoyment may contain the word “quiet,” but that doesn’t necessarily specify a set noise limit. It simply means that the tenant is entitled to undisturbed use of the premises. Courts read this warranty into every lease, whether it’s expressly stated or not.
The covenant of quiet enjoyment guarantees a few things:
- Use of all amenities supplied with the unit
- If an appliance breaks (and it’s not the tenant’s fault), the landlord has to fix it
- Unimpeded access to the unit
- The landlord is expected to keep the driveway clear and all doors and lock sets in good working order
- Freedom from intrusion
- In the absence of lease violations or overt damage to the premises, tenants have a right to privacy, which includes freedom from an unreasonable number of landlord visits
- Peace and quiet
- The landlord must address any disturbing noise within his or her control, such as a chirping smoke alarm
One Person’s Noise Is Another’s Music
It’s difficult to make everyone happy all the time, and since “quiet” may have a different meaning to each of your tenants, you might find it difficult to relate the same sense of the word to everyone. The resident guitarist in your building might think their late-night serenades contribute to the atmosphere of the building, but their neighbors might have an issue with the moonlight solo shows. This is why it’s important to explicitly state when your tenants are expected to observe quiet hours, and that they’re all on the same page as to what that means. A properly worded lease can provide much-needed leverage.
Avoid Generic Rental Agreements
Some generic leases usually contain a quiet enjoyment clause, but it generally covers the use of the unit itself — not the impact of the tenant’s use on other renters. With this in mind, avoid using generic lease agreements and make sure you cover your bases with a set, specific clause concerning noise and respecting other tenant’s right to quiet enjoyment. You’ll never be sorry for putting specific clauses and language in your rental agreement. You can use Apartments.com to create a customized lease all online, and while the exact language to use in a quiet hours clause may vary from state to state, there are also resources there to make sure you cross your t’s and dot your i’s. A typical quite enjoyment clause might look something like the following:
“Quiet Enjoyment. The tenant may live in and use the apartment without interference subject to this lease. Tenant may not disturb the quiet enjoyment of any other tenant in the building or surrounding neighbors. The tenant is responsible for adhering to the building’s quiet hours. Quiet hours are from (Insert Quiet Hours for Property) on weekdays and from (Insert Quiet Hours for Property) on weekends. If tenant violates the quiet hours policy on three separate documented occasions, the tenant is in violation of the lease agreement. The landlord reserves the right to charge the tenant a penalty of $ (Insert Dollar Amount) and/or evict the tenant, the decision of which is the sole right of the landlord.”
Enforce Quiet Hours
The easiest and most effective way to ensure equal enjoyment of quiet time for all your tenants is to specify the time at which noise should be kept to a minimum. These quiet hours may differ on weekdays and weekends, but they typically begin at 10 p.m. Make sure your lease specifies that quiet hours apply to guests as well as tenants.
You should also check with your local county or town code enforcement office. They might already have noise ordinances in place, which will help reinforce your own quiet hours.
Resolving Disputes
Even if all your renters agree to a “quiet hours” clause, it can be difficult to resolve a dispute since different people tend to have different noise thresholds.
You can use some of the following criteria to judge the validity of most noise complaints:
Multiple complaints: Has more than one tenant complained? Multiple complaints carry more weight than one from a (possibly oversensitive) individual.
Recurring issues: Are complaints recurring? This points to a pattern of willful disturbance.
Everyday noises: Is the noise a product of everyday activities such as using the stairs, elevator, or HVAC?
Actions to remedy: Have any steps been taken to address the source of the noise? The tenant in question may have tried to turn down their music.
Documentation and credibility: Has the complaining tenant documented instances of disturbances? Dates, times, and estimates of noise levels are all helpful.
Penalties
The quiet hours lease clause should also specify penalties for repeated disturbances. Eviction may be an option but not the only one. A monetary penalty should prevent recurrences in most cases.
Keeping the peace among tenants with different noise tolerances is a necessary and sometimes difficult duty. Clear language in your will lease will make your job easier and set quiet hours should put all your tenants on the same page. Remember, your tenants are people who, at the end of the day, just want to enjoy their space. Most noise offenders will have no ill will, so be forgiving.
