How do I get the landlord to do something about noisy neighbors late at night?

UPDATED: Dec 28, 2011

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How do I get the landlord to do something about noisy neighbors late at night?

We live in a 1-bedroom apartment. There are 5 people living over me. The landlord said he only rented to 2 people. Also, dogs are not allowed but they have one that runs through the house all night. I have asked him to do something 6 times already. My patience is growing thin. He says he will talk to them and I believe he does because it is usually quiet for a few days after he talks to them but it starts back up again. They keep moving people in with them. I shouldn’t have to move. I am not the one breaking the rules.

Asked on December 28, 2011 under Real Estate Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It would be advisable to speak with a landlord/tenant attorney and preferably one who represents tenants.

You could sue the landlord for breach of the covenant of quiet enjoyment.  The covenant of quiet enjoyment in every lease means that a tenant cannot be disturbed in his/her use and enjoyment of the premises.  Excessive noise constitutes a breach of the covenant of quiet enjoyment.

An additional issue which is separate from the breach of the covenant of quiet enjoyment is that the landlord may be in violation of the housing code if there are five people living in the apartment above you and if that apartment is a one bedroom. The housing code varies from state to state.  The landlord needs to take action to evict those tenants.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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