Tenants who pay their rent on time are often considered good tenants by landlords. But even those who pay on time can cause problems with your property. All tenants and others who reside in the area are entitled to the quiet enjoyment of their property. When a tenant is a nuisance or is causing disturbances, a landlord has some options to resolve the matter. An experienced attorney can provide you with insight so you can take care of the situation in the best possible way.
Breach of Quiet Enjoyment
Everyone is entitled to the “quiet enjoyment” of their home. The law provides that a person cannot breach another person’s entitlement to quiet enjoyment. Peaceful or quiet enjoyment means freedom from excess noise or recurrent disturbances. When one tenant breaches another tenant’s right to quiet enjoyment, they have likely breached their lease. This can occur independently of whether the tenant has paid their rent.
Even a tenant who has paid their rent may breach their lease by doing things that make the property untenable to other renters. Some examples of a breach of quiet enjoyment include such things as playing loud music, arguing or fighting loudly, dogs barking, selling illegal drugs, or doing anything that disturbs others. Typically, these types of disturbances occur in shared apartment buildings, but they can also happen between neighbors in private residences.
Landlord Warning to Tenants
In most cases, a tenant may file a complaint regarding the disturbance with the landlord. The landlord must act upon a complaint and take steps to resolve the matter. The first step is usually giving the noisy tenant a warning. Provide the warning in writing and inform them that you will take further action if the noise continues. A landlord may decide to terminate tenancy due to a breach of the lease. The legal steps you must take will generally be based on whether the tenant has a year or more lease or a month-to-month tenancy.
Written Notice from Law Enforcement Agency
In some instances, the disturbance or nuisance complaint doesn’t come from other tenants but instead comes from local law enforcement. Law enforcement may issue a written notice in cases where there is criminal activity or repeated disturbances in which the police have been involved. In instances where the tenant’s actions are criminal or excessive, a landlord may be allowed to terminate the tenancy without further warning. One common reason for a notice from law enforcement is the manufacture or distribution of illegal substances from the residence. A landlord cannot take these matters lightly and has a duty to other tenants to take action immediately to ensure their safety and well-being.
A landlord has great responsibilities to properly maintain the premises as well as to provide an environment that allows tenants quiet enjoyment of their homes. Some minor disturbances are bound to happen. If these occur infrequently, there is usually no need to take drastic measures. However, when you have received a complaint, either from other tenants or from the police, you must take immediate action. It is important to act legally to resolve situations of disturbances or nuisances.
To learn more about tenancy matters, call us today at Moen Sheen Meyer, Ltd. at (608) 784-8310 or contact us online.