Can my landlord evict me after just 2 calls of noise complaints?
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Can my landlord evict me after just 2 calls of noise complaints?
My landlord called me at 1 am time and said that there was a noise complaint from the lady that lives next door to me (we live in a duplex). He said that there have been other complaints but this is only the second call I’ve gotten. He said that the lady is threatening to move out if we don’t turn our TV down. What I don’t understand is this is only the second time I’ve heard anything about it and he said there has been many phone calls. What am I to do? And if I have no choice but to move, am I entitled to my security deposit?
Asked on September 28, 2011 under Real Estate Law, Oklahoma
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your landlord can try to evict you regarding claims against you that you make too much noise. Whether or not he or she is successful depends upon the terms of any written lease that you may have for the unit you are renting in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.
As such, you need to carefully read your written lease concerning any provisions concerning noise issues.
Assuming your landlord wants to try and evict you concerning noise issues, you have the right to fight the eviction. As to the security deposit issue, you would be entitled to its return under the terms of the written lease (assuming you have one) and assuming there is no damage to the unit you are renting.
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