Living Above the Noise: Rights for Residents in Mixed-Use Buildings

The 'Buyer Beware' Reality

When you move into a mixed-use building, the law generally assumes you accepted a certain baseline of noise that wouldn't be acceptable in a quiet suburban cul-de-sac. You cannot move above a popular nightclub and then sue them for simply being a nightclub. This is sometimes referred to as "coming to the nuisance."

However, this does not mean the business has a blank check to be as loud as they want.

Commercial Tenant Restrictions

Even in mixed-use zones, businesses must adhere to strict regulations to coexist with residents:

• Lease Clauses: Commercial leases in mixed-use buildings often have strict soundproofing and noise containment clauses mandated by the building owner.
• Permit Conditions: Bars and restaurants operate under conditional use permits. These often specify that music cannot be audible in nearby residences or set strict closing times for outdoor patios.
• Decibel Limits: City ordinances often have specific dB limits for sound traveling from a commercial unit into a residential unit (e.g., 45 dB at night).

Addressing the Problem

If the noise from downstairs is excessive:

1. Talk to the Manager: Establish a relationship with the business manager. Let them know if bass is bleeding through the floor. A good business wants to keep its neighbors happy to avoid complaints.
2. Contact the Building Management: In a mixed-use building, the landlord for the apartment is often the landlord for the business. They have a vested interest in keeping residential tenants happy and can enforce the commercial lease's noise clauses.
3. Check the Liquor License: If it's a bar, check with your local Alcohol Beverage Control board. Noise violations can threaten their liquor license, making this a very effective leverage point.

Structural Solutions

Sometimes the issue is the building itself. If you own your unit, you might look into adding acoustic underlayment to floors or sealing gaps around pipes. If you rent, ask your landlord to inspect for structural gaps where sound might be flanking (leaking) from the commercial space below.

The Takeaway

Living in a mixed-use building requires compromise, but it doesn't mean sacrificing your sanity. While you should expect some city buzz, businesses must still operate within their permits and respect the residential nature of the units above. Your landlord and local code enforcement are your key allies in maintaining that balance.