If my neighbor sleeps during the day because he works at night, shouldn’t I be able to make a normal amount of noise?

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If my neighbor sleeps during the day because he works at night, shouldn’t I be able to make a normal amount of noise?

I live on a third floor of an apartment building with my 2 dogs. The tenant below complained that there was too much noise from my apartment. He works at night, and needs to sleep during the day. I am very conscientious about how I walk and the amount of noise my dogs make. I’ve been here 1 1/2 years with no problems. Do I really have to cater to him because he sleeps during the day?

Asked on August 1, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You first need to read your written lease with your landlord concerning the unit you are renting assuming you have a written lease. If it does, its terms and conditions control the obligations between you to the landlord and the landlord to you over the rental.

If the written lease has a provision about "noise" read it carefully in that it may help resolve the dispute you have with the neighbor.

If you are making a normal and acceptable amount of movement and noise during the day which unfortunately disrupts the neighbor's sleep because he or shee works the night shift, it is unfortunate but it seems that you should not be held accountable for the complaints.

Have you spoken with your landlord about a possible solution? Adding more padding to your apartment's carpets to reduce noise? Perhaps walking around in your apartment without shoes on could help reduce the complaints you are experiencing from the neighboring tenant?

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You first need to read your written lease with your landlord concerning the unit you are renting assuming you have a written lease. If it does, its terms and conditions control the obligations between you to the landlord and the landlord to you over the rental.

If the written lease has a provision about "noise" read it carefully in that it may help resolve the dispute you have with the neighbor.

If you are making a normal and acceptable amount of movement and noise during the day which unfortunately disrupts the neighbor's sleep because he or shee works the night shift, it is unfortunate but it seems that you should not be held accountable for the complaints.

Have you spoken with your landlord about a possible solution? Adding more padding to your apartment's carpets to reduce noise? Perhaps walking around in your apartment without shoes on could help reduce the complaints you are experiencing from the neighboring tenant?

Good luck.


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