How Property Managers Can Handle Noise Complaints

In Florida, property managers, especially apartment managers, must deal with noise complaints reported by tenants, and many times, it is a “he said, she said” situation. To be able to enforce lease obligations on the tenant, the property manager must have sufficient proof before being able to deliver a notice to cure, but without sufficient evidence and proper procedures being followed, the property manager may struggle to know how to handle the situation and to enforce the lease obligations on the offending tenant.

Below is a suggested list of helpful tools the property manager can implement to handle noise complaints and situations.

Documentation Practices

  • Create a Noise Complaint Log
    • Maintain a detailed log of all noise complaints, including:
      • Date and time of the complaint.
      • Complainant’s name and unit number.
      • Detailed description of the noise (e.g., loud music, shouting, pets).
      • Duration and frequency of the noise.
      • Supporting evidence of the noise violation.
      • Other witness information.
      • Whether the police were called.
  • Encourage Written Complaints
    • Request tenants submit complaints in writing or through an online tenant portal. This provides a clear record of the complaint and reduces reliance on less credible evidence and faded memories.
  • Record Observations
    • Visit the property during the time of the reported noise (if possible) and note your own observations in writing, including video and audio recording your observations. If there are video security cameras that captured the reported incident, download the incident before it is auto-erased to preserve the evidence.
  • Maintain Correspondence Records
    • Keep copies of any communications (letters, emails, texts) with both the complainant and the accused tenant.

Investigation and Verification

  • Interview Complainants and Witnesses
    • Speak with the complainant and any other neighbors who may have heard the noise violation to corroborate the story. Take notes of their statements and observations. Attempt to determine the credibility of the parties who have personal knowledge of the alleged incident.
  • Request Audio or Video Evidence
    • If legal in your jurisdiction, encourage complainants to record the noise for evidentiary purposes. Video and audio evidence may be the best form of evidence to prove the validity of a noise complaint. Ask the complainant to provide you with the video-audio recording as soon as practically possible to preserve the evidence.
  • Install Noise Monitoring Devices
    • In public areas or with tenant consent, deploy noise monitoring equipment to objectively measure noise levels (e.g., decibel meters). Having objective evidence that does not rely on personal or subjective opinion may be critical to proving a noise violation.
  • Document Community Standards
    • Reference local noise ordinances and lease agreements to determine if the noise exceeds acceptable levels.

Prevention and Communication

  • Address Issues Promptly
    • Acknowledge complaints quickly and assure tenants that the issue is being addressed. Acting promptly not only helps to address the reported problem, but also may help to avoid other liabilities, including non-offending tenants terminating their leases due to hostile conditions not remedied by the manager, constructive eviction, and waiver of landlord’s right to enforce a lease violation.
  • Monitor Area of Interest
    • If the complainant identifies specific times of the day that the noise commonly occurs, consider monitoring the interested area during that timeframe to attempt to gather the evidence needed to prove a noise violation. This may be difficult, of course, especially if the noise violations are occurring during non-business or late hours of the night. But when a manager has personal knowledge of the noise violation, it helps to strengthen the case against the violating tenant.
  • Educate Tenants
    • Proactively educate tenants about noise-related lease obligations and local laws during lease signing and in periodic reminders. Many times, noise complaints can be resolved with a candid and professional discussion with the violating tenant, especially if it is an isolated incident and the tenants are reasonable. If this can be accomplished, do so.
  • Facilitate Mediation
    • Consider mediating disputes between tenants to foster direct communication and resolution. It’s good to resolve disputes amicably, so if this can be accomplished by discussing the matter with the parties involved, do so. But be mindful that there are times when a formal response is necessary to protect the interests of the landlord and to protect the integrity of the residential community surrounding the noise violator. In general, the more serious the matter or when there is a history of violations from the offending tenant, the more formal you should treat the violation.

Lease Enforcement

  • Provide a Notice to Cure
    • If evidence supports the complaint, and you believe a formal notice is appropriate under the circumstances, deliver a written notice to the tenant, outlining:
      • The specific noise complaint.
      • Relevant lease and statutory provisions.
      • Actions required to cure the breach.
      • A deadline to cure the breach.

See our article on How to Prepare a 7 Day Notice to Cure.

  • Use Lease Clauses Strategically
    • Ensure the lease contains clear noise policies, quiet hours, and consequences for violations. For the tenant to have a legal obligation, it must be contained within the lease agreement or landlord-tenant act. If there are questions about the legal enforcement of a tenant’s actions, always consult a landlord-tenant attorney.

Legal and Compliance Measures

  • Review Local Ordinances
    • Be familiar with Florida’s noise ordinances and consider using them as a basis or support for lease enforcement. If the reported noise violation constitutes a criminal breach of the peace, inform the complainant that they have the option to report a criminal breach of the peace to local police authorities. If a report is made, get the incident report from the police authorities, which may help to prove or disprove the alleged noise violation.
  • Engage Legal Counsel
    • If the situation escalates or the tenant fails to comply, consult an attorney to draft stronger notices or proceed with eviction if warranted. Always keep in mind that in Florida, an attorney must prepare a 7 Day Notice to Cure for a property manager. See our article on property manager’s limitations on preparing a notice to cure.
  • Follow Fair Housing Practices and Victim Protection Laws
    • Treat all tenants equitably and avoid discrimination during complaint handling. If a tenant’s noise violation is caused by a tenant’s disability, you may have to consider providing a reasonable accommodation to that tenant if he or she requests one, and you must consider a request for accommodation on a case-by-case basis. Additionally, the Violence Against Women Act (VAWA) provides due process and protections to victims of domestic violence. See our article on the basics of VAWA.

Seek legal counsel for advice on how to handle a noise violation due to the disability of a tenant or due to a tenant being a victim of domestic violence.

Soundproofing

  • Soundproofing
    • For units with frequent complaints, consider upgrades like padded carpeting, soundproof windows, or thick insulation. This should be considered more so when the noise complained about is largely due to the lack of insulation or sound barriers and not the level of noise in dispute. This will help reduce noise complaints, tenant dissatisfaction, privacy concerns, and legal issues and liabilities.

How to Handle Noise Complaints

In conclusion, managing noise complaints in Florida requires property managers to implement a structured and systematic approach to ensure fair and effective resolution. By prioritizing thorough documentation, proactive investigation, and clear communication, property managers can establish credibility and support their decisions with sufficient evidence. Leveraging technology, understanding legal obligations, and addressing complaints promptly not only uphold lease agreements but also foster a harmonious living environment for tenants. Adhering to these best practices can help property managers confidently handle noise complaints while maintaining compliance with legal requirements and preserving tenant satisfaction.