Can a landlord evict a tenant for noise?

Yes. Excessive noise that disturbs other residents is typically a breach of the lease agreement, which can be grounds for eviction if the behavior continues after warnings.

Is My Tenant Too Loud? A Landlord's Guide to Handling Noise Complaints

Published on: October 28, 2025

Key Takeaways

As a landlord, you have a legal duty to address noise issues between tenants. This guide covers your responsibilities and the steps to take for a fair resolution.

Your Legal Responsibility: The Covenant of Quiet Enjoyment

The most important concept to understand is the "covenant of quiet enjoyment." This is a legal promise, implied in every lease, that ensures a tenant can inhabit their property in peace without undue disturbance. A tenant who is chronically subjected to excessive noise from another tenant can claim that this covenant has been breached—and they can hold you, the landlord, responsible for failing to address it.

Ignoring a legitimate, documented noise complaint is not an option. You have a legal duty to take reasonable steps to remedy the situation.

A Step-by-Step Process for Landlords

To handle complaints fairly and protect yourself legally, follow a consistent process:

Require Complaints in Writing: Insist that the complaining tenant provides a written account of the issue, including a log with dates, times, and descriptions of the noise. This creates a formal record and discourages frivolous complaints.
Investigate the Claim: Talk to the tenant accused of making noise. They may have a different side of the story or be unaware of the problem. Listen to both parties without taking sides initially. Check if the complaint aligns with local noise ordinance rules for time and type of noise.
Issue a Formal Warning: If the complaint seems valid, issue a written warning to the noisy tenant. This notice should clearly state the behavior that violates the lease (citing the "quiet enjoyment" clause or any specific noise rules in your agreement) and what steps must be taken to correct it.
Suggest Mediation: If the issue persists, suggest formal mediation. A neutral third party can often help tenants find a compromise. This shows you are taking proactive steps to resolve the dispute without immediately resorting to eviction.
Enforce the Lease: If warnings and mediation fail, you may need to begin the formal eviction process. Consistent documentation is your best defense against any legal challenges.

Not sure about the rules in your city?

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Proactive Measures to Prevent Disputes

The best way to handle a noise dispute is to prevent it from happening in the first place.

Have a Strong Lease Clause: Your lease should include a clear and specific clause about noise, defining quiet hours and explicitly stating that excessive noise is a breach of the lease.
Set Expectations at Move-In: Briefly review the noise policy with new tenants when they sign the lease so they are aware of the rules from day one.
Improve Soundproofing: In buildings with known sound issues, consider requiring tenants in upper units to have a certain percentage of their floors covered by rugs.

The Takeaway

As a landlord, your role is to be a neutral and proactive problem-solver. By establishing a clear process, documenting everything, and enforcing the terms of your lease, you can manage noise complaints effectively, protect your tenants' rights, and maintain a peaceful living environment in your property.