What are a tenant’s rights regarding a noise violation?

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What are a tenant’s rights regarding a noise violation?

Managers sent a letter to me being fined $100 for my music being too loud. The neighbor above me had his music was louder then mine. The letter states that I violated the lease agreement. My lease states: “NUISANCE: Residents to permit no noise or nuisance upon the premises to disturbother residents, comply with all local laws, ordinances and regulations covering the premises”. There is nothing about being fined or evicted. Also, I got a letter 06/01/09 stating that quiet hours are 10 pm until 8 am. I feel I did not violate my lease. Should I or should I not pay the fine and possibly be taken to court?

Asked on December 10, 2010 under Real Estate Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to have someone read your entire lease agreement.  It is very difficult in this type of forum to give guidance without being able to read it.  From what you have written here, however, your lease does not seem to state a fine imposed or "added rent" for violating that provision of the lease.  And it seems odd that you were not given at least a warning or the opportunity to dispute the claim made by the tenant.  Was there any investigation of the clai  before the fine was handed down?  I would dispute it.  But you will be taking the chance that they will sue you for it one way or another.  Good luck.


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