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On what basis was the eviction stated?Was one creating a "nuisance" by being loud at a late hour?
The police won't pursue a complaint from a roommate for the other roommate being loud; there are noise ordinances in most cities, and those are quite high (http://www.nj.gov/dep/enforcement/noise-control.html).
The police will only get involved if there is a crime - ie violation of a muni code re: noise level aka "nuisance". The landlord can only evict for cause, and first they must give an opportunity to cure; furthermore the landlord cannot go off the complaint of one person - the landlord would need to have proof, along with something in the lease regulating the noise level or similar language prohibiting loud noise.
A landlord cannot regulate the coming/going of a tenant, other than having posted hours for common areas (ie pools, gyms, etc).
A lease may contain "quiet hours" but this cannot constitute a curfew-and it refers to loud music, and other loud noises (parties). But simply coming home and talking in a low voice is not prohibited.
When looking at the situation, the test will be:
Would a reasonable person find that ____ conduct (noise level) interfered with their quiet use and enjoyment of the property; so daily activities are permitted.
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