What Is Quiet Enjoyment in a Lease?

There are two implied rights that you can expect as a renter: the right to habitability and the right to quiet enjoyment. Quiet enjoyment in a lease means a renter has the right to live in their rental without unreasonable interference from their landlord or other disruptions. The right to quiet enjoyment is implied in every lease, whether or not it’s specifically listed in the agreement.  

The right to quiet enjoyment guarantees a reasonable expectation of privacy and prevents your landlord from showing up in your unit unannounced (except in emergency situations). Your lease should outline how much notice your landlord needs to give you before they enter your unit. Most states set this notice at 24 hours but be sure to review your lease and state requirements.

To better understand whether your right to quiet enjoyment has been violated, let’s go over what may interfere with quiet enjoyment and what renters should know about potential violations.

What Counts as a Violation of Quiet Enjoyment? 

The implied right of reasonable, quiet enjoyment guarantees a renter’s right to enjoy all parts of their rental without the threat of being disturbed by the landlord (without warning) and by other outside disturbances.  

Examples of disturbances to quiet enjoyment: 

• Landlord visits without proper notice, or consistent visits that disrupt the tenant’s daily life.
• Ongoing renovations or construction that exceed the expected completion date.
• An ongoing barking dog that disturbs the tenant’s expectation of peace and quiet, either inside or outside the unit.
• Consistently noisy neighbors  
• Pests or other preventable factors that disturb the tenants’ peace and quiet.  

Quiet enjoyment can also apply to more than just unannounced visits and loud, consistent noise. Unaddressed safety concerns that make a tenant feel uneasy about their rental are covered under this warranty. Unstable stairs, broken door locks, or weak and rotting window frames that go unaddressed can impact a tenant’s safety. 

What Qualifies as Excessive Noise in an Apartment? 

When it comes to excessive noise in a rental located in a multifamily property, everyone has a different noise tolerance. For example, the dog barking in one apartment may go unrecognized in one unit, while another renter may hear the barking all day and consider it excessive. Luckily, there are few defining factors that help establish what excessive noise is and when you can report the disturbance to your landlord. 

To qualify as excessive noise, the disturbance must be:

• Loud
• Repetitive
• Out of the ordinary
• Disruptive human noise outside of normal, daily movement
• Violate quiet hours

A sudden bang from your clumsy upstairs neighbor won’t count as excessive noise, but a very vocal pet that makes noise all day can. As a renter, you should be conscious as to what noise you make and how it can affect other tenants in the building. Don’t worry- simply walking around your apartment isn’t grounds for a noise complaint, but consider other factors like pets, kids, music, and large gatherings. 

How to Soundproof Your Apartment 

If you’re concerned about disturbing your neighbors, here are some steps you can take to make your apartment quieter:

• Add carpets in high-traffic areas or children’s play areas to absorb sound that hardwood floors amplify. 
• Add area rugs in larger rooms to help dull echoes and footsteps. 
• Consider hanging canvas-backed paintings instead of framed pictures to reduce the amount of noise that travels between walls.  
• Buy a noisy dog engaging food mats or toys that will keep their attention. 
• Hang fabric window treatments to absorb sound from both indoor and outdoor sources.

Can You Get Evicted for Making Too Much Noise? 

If you’re concerned that you might be the noisy tenant facing noise complaints from tenants or your landlord, it’s time to check your lease. Your landlord should have defined quiet hours in your lease. Quiet hours help landlords protect you and the other tenants’ right to quiet enjoyment. Quiet hours in an apartment usually last from 10 p.m. to 7 a.m. but be sure to review your lease to ensure you’re not violating any time limits or noise violations.

Your landlord’s first step in addressing a noise complaint should be to investigate. They may ask you when and where you heard the noise and if it has happened before. Their next step should be to address the tenant receiving the complaint. Sometimes, a simple conversation about the disturbance can be enough to prevent further issues. If the noise violation continues, the landlord may offer a “cure or quit” solution, meaning that if the tenant in question doesn’t stop the noise, they may be evicted. 

It is possible to be evicted for making too much noise. Since all tenants are entitled to their quiet enjoyment, someone who impedes on that right can be lawfully evicted. 

Find Your Perfect Apartment on Apartments.com

If you’re looking for an apartment with a specific floor plan, amenities, or square footage, Apartments.com is the best place to find a place. With advanced search filters and Apartments.com Ai, you can find an apartment that’s right for you in no time.

Start your search on Apartments.com today!

This article was originally published on March 19, 2021 by Jake Margle and has been updated.