What to do if noise complaints to the landlord are not taking care of the problem with my neighbor?

UPDATED: Dec 4, 2011

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What to do if noise complaints to the landlord are not taking care of the problem with my neighbor?

I have addressed some of lease violations of the tenant who lives right below me 3 times to the landlord because of unreasonably loud talking and singing/playing/listening to music. Also for stomping, slamming, having girlfriends over, letting the dog bark/whine/growl due to severe separation anxiety. The landlord doesn’t disclose what approaches (when and how) they were taken to address these issues with the tenant. Whatever they did or didn’t do is clearly not remedying or fixing the problem. Would negotiation of rent reduction or possible termination of lease would be my next step?

Asked on December 4, 2011 under Real Estate Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have several options to pursue. The fact is that every residential lease contains what is known as an "implied warranty of quiet enjoyment".  This basically is a guarantee that a tenant will be to use and enjoy their premises in a reasonable manner. In a case such as yours, you could claim a breach of that covenant and either terminate your lease or withhold rent until the breach has been rectified.

However, you need to be aware that there are certain legal procedures that must be followed in pursuing of these remedies. Without doing so, could lead to a other problems for you. Bottom line,, it's probably time to speak with an attorney who specializes in landlord-tenant cases. You could also talk with a tenant's rights advocacy group.

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 AttorneyPages.com 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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