Apartment manager fails to enforce pool & spa closing hours, late night noise disturbs adjacent tenants.

UPDATED: May 9, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 9, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Apartment manager fails to enforce pool & spa closing hours, late night noise disturbs adjacent tenants.

I live in a building adjacent to the pool in my apartment complex, which has a professional management staff. Posted pool rules state the pool closes at dusk. The pool area remains unlocked and lighted all night, and people often use the pool and spa between 11PM and 5 AM causing noise that disturbs me in my closed bedroom. I wrote a letter to the manager, but it was ignored. Can I get an order requiring the landlord to act to effectively close the pool according to the posted pool rules?

Asked on May 9, 2009 under Real Estate Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yup.  You have a right to quiet use and enjoyment of your property -- even if you rent.  Sooo, not to mention the liability keeping the pool open at those hours poses for the owners.  Who owns the property -- go above the manager first.

Then, short of suing -- this is where your grassroots work will work:

1. You can contact your local city councilperson, explain the situation to the field staff and see if he or she can help.

2. See if your state actually has a department covering landlord tenant issues.  Contact that dept (best way to find -- call the governor's office).

3. Sue == remember -- the landlorad cannot evict you or refuse to renew your lease as retaliation for your efforts to fix this situation. 

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption