Are landlords accountable if it's in the Agreement?

Question

I submitted a question earlier, "Are landlords by law required to address noise issues?" and received an interesting interpretation of "quiet enjoyment". If you're interested go to my earlier question.

A standard tenancy agreement here in Canada seems to address the matter of “quiet enjoyment” differently and it comes under the “Conduct” clause of the agreement. In part this is what it says: I can't speak for all of Canada but certainly this applies to some parts:

"...the tenant or tenant's guest shall not cause or allow loud conversation, music, tv, radio or irritating noise to disturb the -peaceful enjoyment- of other occupants at any time, and in particular between the hours of 10:00pm and 9:00am. The landlord may end the tenancy pursuant to the Act as one of its remedies."

Are there not similar stipulations on a U.S. rental agreement or does it vary that much from state to state?

While I know one can always try to complain to the police it seems to me that the tenant should expect the landlord to enforce the terms of the rental agreement or not include such wording in the agreement.

I don't want landlords who happen to read this to go on the defensive. You are not under attack. I just get frustrated when I read comments like, "if you don't like it then just move" ( not to myself but to others who are having problems). Of course a person is going to move if it becomes intolerable. But that should only be a last resort. Thoughts everyone?

Answer 1

YES - We have similar verbiage on our state standardized lease.  it basically says that bothering the neighbors is grounds for eviction.

The hard part is proving it sufficiently to enforce it.  This is why many landlords will not pursue an eviction for this kind of violation. It has to be really offensive and consistent to really enforce this rule.

What we do is send a notice to stop the bothersome behavior with in a certain # of days or move out.  Then we check back with the offended neighbor and see if it stopped.  If not they get a 30 day notice.

Answer 2

In our leases in Pennsylvania, tenants have a right to quiet and enjoyment.  I don't know how many units are in your building, and if any other tenants in the building are complaining, or what kind of noise and what time of the day and night it is.  Usually when one of our tenants complain about another tenant being loud, we check with the other tenants in the building, to see if they have heard them..If so, we give them a verbal warning, the second time it is a written warning, the third time it is an eviction.  It becomes very annoying to tenants if they have to live next to or near other loud tenants.  We have evicted tenants for disturbing our others.  You are paying the rent there and you have a right to quiet, especially after say...10:00pm.  I don't know why some people think that they can be as loud as they want knowing that 3 other tenants live in the building with them.    

Answer 3

The only way a landlord in MI can deal with this type of situation is have the complaining party call the cops, get a report and submit it to me.  Then I know for a fact that there is a problem not just they dont like each other. Quiet time legally here is 11 pm to 8 am Sunday thru Thursday  and  midnight to 8 am Friday and Saturday. Only after that is the law called.

If its a continuing problem between the two, but no police reports are involved, then I know it cant be that bad.  However if I get alot of complaints from both parties,and police reports from both, without actually knowing who is at fault, I cant evict just one.   I "clean house" so to speak, I evict both.  That way I dont take sides and get rid of the wrong person.  I have only had to do this once in 14 yrs of being a landlord.

Answer 4

"If you're interested go to my earlier question"

Your questions and answers are blocked from view :)

Answer 5

Leases and rules in Canada are definitely different than they are in the US.  Leases here rarely, if ever, mention anything about loud conversations, etc.

You Canadians are far more restrictive of tenants than are your southern cousins....:)

Good luck.

Answer 6

when a landlord gets a good tenant who pays rent on time and does not make trouble, he wants to keep them.  i'm sure if you complain to the landlord he will handle it especially if it is the law And rule of the lease.