Feature

How to Handle Noise Problems

by David Grabstald

Have you ever had to deal with tenants and noise issues? If so, you’re not alone. TCO Realty Owner Tim Carrico and his staff of twelve, like many Bay Area landlords and property managers, receive at least one noise complaint per month from tenants in one of the 140 buildings they manage in the Bay Area.

“A person’s right to peace and quiet is more than the right to make noise,” says Carrico. TCO’s policy is that “avoidable, excessive noise is not allowed if it disturbs someone else in the building or an adjacent building.” For Carrico, apartment living means that “you’ll occasionally hear your neighbors and they’ll hear you.” In an effort to prevent noise problems, their tenants are given the following noise prevention guidelines:

chart

State and local law provides that all residents have a right to the peaceful and quiet enjoyment of their homes.
You may not make or permit any noise that will disturb other residents.
You are responsible for ensuring that your neighbors are not disturbed by family or guests.
You may not disturb, annoy, endanger or inconvenience other residents of the building or neighbors.
You may not use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or around the premises.
In the event of a dispute, you should try to work it out with the offending party.

According to Carrico, “noise is not a problem if there aren’t any complaints.” He explains that when a tenant does complain, he first asks the tenants to try to work it out among themselves. He urges the tenant to talk to his or her loud neighbor and politely remind him or her that the noise is unacceptable. Carrico has found that in many situations, a noisy tenant may not realize there is a problem. However, he knows that “excessive noise from a vacuum cleaner at 3:00 a.m. would definitely be a problem.” He also notes that music is heard through various floors of a building and that most buildings don’t have adequate noise insulation (although some newer ones do). He believes it is important to remember that common courtesy goes a long way to keep neighbors (and their landlords) happy.

Landlord attorney David Wasserman recommends that if tenants are unable to resolve their differences, you may need to involve a skilled mediator specializing in neighbor disputes (Community Boards, for example). “Their participation is voluntary, so the tenants must agree to attend,” he says. Wasserman has observed that the success rate of mediation is between 80 and 90 percent. A successful resolution will consist of a written mediation contract specifying what conduct (noise, for example) is considered offensive and, therefore, not allowed.

According to San Francisco Rent Board Executive Director Joe Grubb, problems with noisy neighbors or tenants can be difficult ones because the landlord is usually not there to witness the noise, thus making it hard to prove there is a noise problem. Grubb observes that, “were an owner to attempt an eviction of a tenant who is creating a nuisance due to excessive noise, which is a just cause reason for eviction under the Ordinance, the owner would probably need testimony from tenants who have also experienced the noise problems.” The testimony from these tenants is important and should include thorough documentation of any noise complaints. A nuisance report form (see form at right) is an excellent way for your tenants to record the date, time and nature of any noise problem, and whether any neighbors are willing to validate the complaint.

In addition to the nuisance form, Wasserman also suggests the following steps to make noise problems less problematic:

Start Sending Letters
Create a written paper trail that shows you have made every attempt to curb the offensive conduct. Make sure that the letters are clear, firm and to the point. Tell the tenant that if the conduct continues, legal action may become necessary. Wasserman believes “there is no bright line test to determine when enough letters have been written and an eviction notice should be served,” but he generally requires at least three or four attempts at resolution before the eviction proceeding is commenced.

Have a Good Lease
The Professional Property Management Association’s lease, distributed by the SFAA, has concrete guidelines to govern a tenant’s conduct in their own unit and in the common areas. It’s always better to point to a specific lease covenant when dealing with a nuisance eviction (e.g., no loud noise after 10:00 p.m.).

Consult with Other Tenants in the Building
“At trial,” according to Wasserman, “the best and most compelling witnesses are other tenants who have complained about the nuisance-like conduct.”

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. David Grabstald is a freelance writer living in San Francisco. He writes a column in the SF Examiner on landlord/tenant matters. © Copyright 2002.