What is a landlord’s responsibility toother tenants in a case where one of their tenants is noisy?

UPDATED: Dec 14, 2010

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What is a landlord’s responsibility toother tenants in a case where one of their tenants is noisy?

They play their music/bass way too loudly for 7-8 hours a day, and around 4 hours a night during the “quiet hours.” I have asked them to stop, with no success. I have complained to my landlord and to the apartment property manager at least a dozen times within the last few weeks. This has been going on for months. The property manager has sent letters to the neighbors, but it has only become worse. We have different landlords, so I am not sure exactly what obligations my landlord has to fix this. I can’t take it any more. What can I do?

Asked on December 14, 2010 under Real Estate Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In every lease, there is a "covenant of quiet enjoyment" which means that a tenant cannot be disturbed in his/her use or enjoyment of the premises.  If your landlord permits continued interference with your use and enjoyment of your apartment, you may be able to sue him/her for money damages, withhold rent until the disturbance is eliminated, and/or break your lea  However, before you attempt any of these remedies, you must be certain of your specific legal rights.  What you should do is sit down and talk to an attorney that specializes in landlord/tenant law.  If money is an issue, contact a tenant's rights group, or Legal Aid, or see if there is law school clinic near you; they typically handles these type cases free/low cost.

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