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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2982
Experience:  associate attorney
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I have lived in this apartment for 4 months and I am being

Customer Question

I have lived in this apartment for 4 months and I am being told I am too noisy but I am not doing anything out of the ordinary but living on the apartment, I am afraid they will attempt to evict me for this, what can I do?
JA: What state are you in? It matters because laws vary by location.
Customer: FL
JA: Has anything been filed or reported?
Customer: I feel the neighbors are targeting us. Yes the rental office has placed a notice on my door to keep the noise down
JA: Anything else you want the lawyer to know before I connect you?
Customer: and tonight while I was putting my 2 year old down for bed, I was interrupted by the courtesy officer asking us to keep the noise down.. but I wasn't doing anything I was barley talking to my child
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 10 months ago.

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yes; your landlord can in fact pursue eviction for noise-related violations. Persistent noise violations may not only be in breach of your lease, but also may violate local noise ordinances. But before eviction is attainable, your landlord must first give you proper notice of the complaint and, in order to successfully evict you, prove that you’ve violated the terms of your lease or that you’re disturbing other renters’ right to quiet enjoyment. Per Florida law, tenants have a duty to behave and use the premises in a manner that does not unreasonably disturb others or, more broadly, constitute a breach of the peace. Under these circumstances, your landlord can seek termination of your lease provided only that you are given proper notice. Your local noise ordinance may help you define what noise levels are appropriate in your area. Generally, anything that disturbs a reasonable person of normal sensitivities, or exceeds the sound level limit set forth in the ordinance, will be in violation. This type of noise may refer to yelling, shouting, altercations, amplified music, musical instruments, televisions etc. The best way to avoid eviction and the termination of your tenancy is to comply with any local noise ordinances and read your lease carefully in order to ensure you are fulfilling your obligations as a tenant. If you feel you’ve been wrongly and unfairly accused of breaching the terms of your lease due to noise complaints, consult with an experienced attorney in order to ensure that you’re being treated fairly and that your rights as a tenant are protected.

If you're not making the noises complained of, write a letter to the site manager and/or the landlord to explain (and document) the situation. It's hard to understand what's really going on here, and I wouldn't want to guess. However, if you're presumably not making the noise complained of, nor throwing and dropping furniture, it's not likely to be difficult to help the site manager understand your side of the story. If unwarranted complaints continue, respond in writing and consider making a counter-complaint against the tenant for harassment. In the end, this isn't really a legal issue, unless the site manager/landlord act on the complaints and do proceed with an eviction. In such an instance, you should retain an attorney in your area immediately. Failing that, however, you should try to work through the issues with the site manager/landlord (and tenant) as amicably as possible, and under the internal processes of your building's policies -- not the court system. That is really all you can do, be proactive and make sure that the rental office hears your side of the story and that you document it.

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