Can Your Roommate’s Noise Complaints Come Back to Haunt You?

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Can Your Roommate’s Noise Complaints Come Back to Haunt You?

Staff Writer · Aug 23, 2010

You can’t ignore noise complaints against your roommate, especially very loud noise all night during a party, because it may come back to haunt you. Even if you’ve learned to deal with it, your neighbors may not appreciate an interruption of their rights to enjoy a quiet and peaceful environment in their apartments. When they’ve had enough, they may demand that the landlord evict you both, or they may call the police.

Investigate Noise Complaints First

Before you take action against your roommate, make sure that the noise complaints are valid. Some neighbors are unreasonable about the noise they complain about, and it may have more to do with a poorly constructed apartment building, then a noisy roommate. If you witness your roommate engaged in normal activities in the apartment, and the noise doesn’t disturb you, then red flags should go up.

Ask your neighbors about dates to confirm that you were there when the noise supposedly took place. It might be that your roommate is noisy when you’re not around. It could also be that your neighbor has a bone to pick with your roommate and is even willing to call the police about noise complaints. Do your homework and get both sides of the story, before seeking to take action against your roommate.

What to Do about Noise Complaints against Your Roommate

Write and send a letter to your roommate demanding them to “cease and desist” from disturbing the neighbors if the complaints are legitimate. Document all of the complaints made against your roommate to date, and be specific as specific as you can. Insist that your roommate stop, and agree to do so in writing, or that you’ll initial an eviction proceeding against them. Send the letter via Certified Mail, and request a signature upon receipt. You’ll have the letter for your records, and your roommate will know that you mean business. If your roommate is not responsive, and the behavior continues, then you either have to find a way to legally breach the lease and move out, or evict your roommate.

Eviction

Evicting a roommate can be tricky, and in some cases impossible. If you both signed the lease, then it’s much harder. You may not be able to evict the roommate, unless you can prove that the noise complaints violate the lease agreement. That is not easy to do. If your roommate is there illegally, without your landlord’s permission, then you’ve got another set of problems on your hands. You may be the one evicted by your landlord. If you and your roommate entered into a roommate agreement, then you have a better shot at eviction. The same rules for an eviction proceeding applies, such as giving them notice and filing a complaint.

A noise complaint against your roommate shouldn’t show up on your renting record. If it does, you need to be ready to contest it. Make copies of the letter you sent, and any other documentation that proves that you were not at fault. The best way to handle a noisy roommate in the end is to find another one, or another apartment.

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