What time does "the right to quiet enjoyment" start in an apartment bulding?

Question

The woman above us is always blaring her t.v. or stereo and comes and goes all hours of the night, banging up and down the stairs. Is there a time at night that the law requires you to shut the music off and give others the "right to quiet enjoyment" or simply, the right to go to sleep!?

Answer 1

The apartment complex probably has some sort of policy in their lease agreement. It's been years since I've lived in an apartment but I think it was designated "quiet" between either 9 or 10 pm and 8 am.
Our town has some sort of restrictions like that too where you can't do things like mow your lawn or hammer on your roof between certain hours (and the weekend hours are different than the week day hours).
Personally, I'd call the landlord or the superintendent of the building & have them talk to her.. Or, you could just ask her nicely to keep it down. She may not know you can hear her.

Answer 2

As a landlord (500+ units) I get this one a lot.

First, check your lease. Most state quiet hours. For us its no later than 10pm and lasts until 8 am. While I can't (and won't) regulate when people shower or run the dishwasher, I can make sure no noise is audible OUTSIDE the apartment at those hours. I can't tell people when to walk around either.

Have you complained to the management? The security (I assume you have a patrol company)? They are usually very helpful, especially if you tell the landlord you want to move because of it. Have you yourself considered moving?? Upstairs units are both quieter and more private - if a move is in your future I'd suggest a top floor unit if possible.

If the management fails to help you, you can try any of the following:
1) Move
2) Write a letter / Contact the offending neighbor yourself
3) Check with local law enforcement to see if there is a local law regarding noise and disturbances
4) Contact your local housing authority
5) Post (ugh!) a complaint on apartmentratings.com'

Hope some of my suggestions are helpful. The most "useable" leverage you have is your lease. If nothing about noise is mentioned there, try one of the other ideas mentioned, or ask Aerosmith to move in and use your place as a practice studio. Maybe that will scare your neighbor out!

Seriously, best wishes to you (and sweet dreams!).

Answer 3

everyone has the right to quiet enjoyment, and also do check in your state the laws, ( city hall), and check your lease. Most people are ignoranameouses and say U made all the noise..If you make a complaint, make sure you write everything down in case the other tenants retaliates, which is also against the rules... so first things first, approach the tenant , and kindly ask them to lower that t.v. or stereo , that you can't sleep.No one has to shut off music or t.v., they can lower it to a level that is in a normal level at normal hours of the day/night.

Answer 4

That's not what the phrase really means, as a matter of law.

It refers to the right of the tenant to have exclusive use of the property, without interference or threat of legal challenge to their residence.

What you're talking about is grounds for a nuisance suit against the other tenant, or a violation of the apartment complex rules of conduct. Look at your lease, or check with the apartment manager, to find out what local rules apply in the complex.

If there are none, then you can check local city or county ordinances are noise abatement, nuisance or disturbing the peace in a residential area.

Answer 5

I think you deserve a lot better than her. If she is "embarrased" per say, that is what it seems, then you do not need to be with her. If a girl is with someone, she should want to show them off and let it be known that you are with that person. Not put them down because of there style. Find someone who will like you for you. She is posting all of that because she is not ready to give you up just yet. Most likely just being selfish and trying to change her image or something. Go out and find that amazing girl who will shout out to the world about you :-) Hope that helps.

Answer 6

It depends wether or not you live among the liberal majoity of California.

For the most part the quiet enjoyment time starts when you wake up too go to work.

Answer 7

You can check with the police on their regular line, not 911, but I think it's 11:00 PM. Have you tried speaking to her about the noise? She may get very defensive and nasty, so you might want to think about that. You can always complain to your landlord about the noise. And, unfortunately, you may have to consider moving if all else fails. Good luck to you, I hope everything turns out O.K.

Answer 8

I would say the rime that the local nightly news comes on, or 2300 hrs.