Stabilize‎ > ‎Relationship‎ > ‎

Peaceful Enjoyment- tips for dealing with noisy neighbors

In Ohio, ensuring the "peaceful enjoyment of the premises" is the duty of a tenant- NOT the landlord! See ORC 5321.05(A)(8)

That means that landlord may terminate the neighbor's lease for failing to maintain the peace, but a tenant does not have the legal right to force landlord to act.

If neighbors aren't respecting your right to peaceful enjoyment then it may be helpful to document the noisy incidents and make a written complaint to the landlord.  Because landlord is not a witness she/he will need some proof about the problem; examples include police reports, witness statements, tape recordings, etc. Be sure to keep copies of any information you provide for your own records.

The landlord may take steps to correct the problem, but if not and the noise continues, then it's probably best to see a lawyer for assistance in breaking the lease.  A lawyer may be able to find statements in the lease which create a landlord duty to protect peaceful enjoyment or may feel confident in acting on your behalf under "an implied warranty of habitability". 

Unfortunately, there's no simple answer to this common issue. But you may have some confidence that starting down the path of documentation and complaint might solve (or relieve) the problem.
Comments