Acceptable Noise Level

[Luong98]

I have a side by side duplex which I`ve been receiving several noise complaints from my new tenant about his neighbor`s music playing too loud during the day. I`ve tried to rectify the problem by requesting the other tenant to keep the volume low which he has agreed to. It has been two months now and the new tenant is now wanting to get out of his 1 year lease because of this.

I had assumed my other tenant when I had purchased this property. He`s been there for 3 years and has indicated that he would continue on renting there. What options do I have with either one of my tenants? Both of the tenants are good and I would hate to lose any of them.

Any suggestions would greatly be appreciated.

 

[Sherilynn]

Have you heard the music? (I know, that sounds weird.)

The reason I ask is because I had a similar situation where one tenant was five months into a 1-year lease and then started complaining. After the new tenant moved, I discovered evidence that the new tenant just wanted out of his lease so that he could find a cheaper place to live. It is a good idea to determine if this is a real issue or an imagined/fabricated issue.

If a tenant wants out of his lease, let him go. However be sure that he is aware that he is still legally responsible for the rent of that suite until you can find a replacement tenant.

Regards,
Sherilynn

 

[Apt_Bldg_Ontario]

QUOTE (Luong98 @ Aug 3 2010, 07:42 PM) I have a side by side duplex which I`ve been receiving several noise complaints from my new tenant about his neighbor`s music playing too loud during the day. I`ve tried to rectify the problem by requesting the other tenant to keep the volume low which he has agreed to. It has been two months now and the new tenant is now wanting to get out of his 1 year lease because of this.

I had assumed my other tenant when I had purchased this property. He`s been there for 3 years and has indicated that he would continue on renting there. What options do I have with either one of my tenants? Both of the tenants are good and I would hate to lose any of them.

Any suggestions would greatly be appreciated.

To be fair to both parties, you should ask the tenant who has been renting for two months to call you the next time the loud music is on and then you can test it yourself: if it unreasonably loud, then your next move is to give the tenant who has been with you for three years an option to fix this problem. If the problem continues then you should evict the loud tenant. However, if you think it is reasonably loud, then you can tell your tenant that he can leave ONLY if he finds a sub-tenant to take over his lease. Otherwise, he is obligated to stay with you for one year.

 

[Luong98]

QUOTE (Sherilynn @ Aug 3 2010, 08:16 PM) Have you heard the music? (I know, that sounds weird.)
No, I have not but I`ll try this.

QUOTE (Sherilynn @ Aug 3 2010, 08:16 PM) If a tenant wants out of his lease, let him go. However be sure that he is aware that he is still legally responsible for the rent of that suite until you can find a replacement tenant.
I am considering this but before I go there I want to know if there`s another option to resolve this where I can still keep both of my tenants.

 

[terri]

QUOTE (Luong98 @ Aug 4 2010, 12:21 AM) No, I have not but I`ll try this.


I am considering this but before I go there I want to know if there`s another option to resolve this where I can still keep both of my tenants.

What`s your budget? You can get soundproof drywall, Quietrock is one of the name brands, there are others. It`s expensive, and prices will vary depending on quality, fire rating, thickness. Some are hard to install and require a saw to cut, others can be scored and snapped.

I`ve never used this myself because of the cost, but if you have a very small area and the alternative is losing tenants and losing rent, then it could be cost effective in the long term. I don`t know how well this works, but I`ve heard good things about it.

 

[Berubeland]

You can also blow in insulation into the voids between the joists.

The law is this in Ontario. You can make any kind of noise you like until 11:00 pm then he can call the police. If this occurs tell him you need a copy of the police report.

You can also ask him to document the times and date whenever it happens. You can explain you need this in writing so you can make a case at the Landlord & Tenant Board. Email is fine. Recordings are great too. You`ll need to prove your case. Your work is not enough.

 

[housingrental]

Breubeland`s post above is not corrrect
Most (ALL) areas have by-laws
Have tenant phone by-law enforcement and document and provide you with info so you can evict if chronic problem. Contact tenant causing noise on issue.
Note if there`s loud noise at 3:00pm, etc.. action can be taken ... doesn`t have to be at 11:00pm.. etc... For loud noise most areas you have to apply for a permit for it to be allowed

 

[housedoc]

Bylaws regarding noise usually refer to decibal levels AND time of day.
Unless the noise is excessive during the day, you`re SOL.

 

[ontariolandlord]

QUOTE (housingrental @ Aug 5 2010, 04:14 PM) Breubeland`s post above is not corrrect
Most (ALL) areas have by-laws
Have tenant phone by-law enforcement and document and provide you with info so you can evict if chronic problem. Contact tenant causing noise on issue.
Note if there`s loud noise at 3:00pm, etc.. action can be taken ... doesn`t have to be at 11:00pm.. etc... For loud noise most areas you have to apply for a permit for it to be allowed
Excellent and very helpful post. Berubeland`s advice is wrong. Action can be taken at all times.

 

[Berubeland]

I looked it up and you guys are both actually correct but it depends what type of noise and where you are. Every city has noise bylaws.

Some things are only allowed certain times and others (like barking and whining dogs) are prohibited at all times.

Sheesh... Is it possible to make things even more complicated? I think not.

 

[Luong98]

Thank you for all your advices. I will investigate further and refer to the bylaws.

 

[kir]

Noise is hard to get rid off. You can dampen noise by padding their speakers so that it isn`t vibrating the walls as much. The walls separating the units should already be staggered and has thick drwalls (5/8 inch).
-don`t let the speakers touch common walls
-move the speakers away from the common walls
-buy them a wireless headphone set(?).

Kir.

 

[TheVancouverLife]

QUOTE (Luong98 @ Aug 3 2010, 06:42 PM) I have a side by side duplex which I`ve been receiving several noise complaints from my new tenant about his neighbor`s music playing too loud during the day. I`ve tried to rectify the problem by requesting the other tenant to keep the volume low which he has agreed to. It has been two months now and the new tenant is now wanting to get out of his 1 year lease because of this.

I had assumed my other tenant when I had purchased this property. He`s been there for 3 years and has indicated that he would continue on renting there. What options do I have with either one of my tenants? Both of the tenants are good and I would hate to lose any of them.

Any suggestions would greatly be appreciated.


Hello David,

When your duplex was under construction the builder would have had a "pass-through" to move people and supplies from one side of the duplex to the other.
These pass-throughs would have been set-up on each level.

Sometimes when the insulation/sound-proofing was installed the pass-throughs were still being used and were not insulated.
Then the drywall crew would drywall the rooms and cover up the "pass-throughs" without any insulation between them leaving big gaps of wall with no noise cancelling insulation between the two suites.

Making sure that the walls between the two units are fully insulated is critical to reducing the noise levels.
It`s best to ensure there is a good noise barrier between the suites otherwise this will be a re-occurring issue for you and your tenants.

Hope this helps...

Alan