Florida Landlords: Handling Complaints of Excessive Noise
Managing noise complaints can be challenging for landlords and property managers. Noise problems can cause stress for both tenants and property managers.
This is especially true in busy areas of Central Florida, like Orlando and Kissimmee.
Are you wondering who to call for noise complaints? Knowing how to handle a noisy tenant can keep good relationships. It also creates a more peaceful environment for everyone.
Understanding local noise ordinances and building codes is a good idea. Also knowing when it’s appropriate to involve authorities.
Below, we explore tips and strategies to address noise complaints effectively and legally.
Understanding Local Noise Ordinance in Central Florida
In Florida, tenants enjoy the right to peaceful and quiet enjoyment of their living spaces. Local laws usually trump State laws.
Excessive noise—whether from loud music, pets. (barking dogs). Such disturbances during quiet hours—can infringe on this right.
Orlando and Kissimmee noise complaints, have risen over the years. Central Florida cities have noise laws in place to address noise pollution. In February 2023, Kissimmee noise ordinance was updated to curb disruptions to residents’ peace and safety.
Violations of the Kissimmee noise ordinance carry fines starting at $50, rising to $500 for repeat offenses.
While specific regulations vary by city, most prohibit excessive noise during nighttime hours.
For serious problems, landlords or tenants may need to call local law enforcement or code enforcement for help.
HOA Noise Rules
Properties managed by Homeowners Associations (HOAs) usually have noise rules. These noise rules often require quiet hours from 10 PM to 7 AM.
HOAs may even impose fines on those who violate noise rules. Even apartment quiet hours exist in apartment complexes. The apartment noise complaint laws Florida imposes is up to the local governments.
As a landlord or property manager, you should tell tenants about HOA rules early on. Including these rules in the lease agreement is best to ensure disclosure.
Steps to Handle Complaints
Landlords can take specific steps to address complaints about excessive noise:
- Listen and Record: Document every complaint in detail, including the time, type of noise, and frequency. This helps you assess the severity and determine whether to take formal action.
- Investigate: Visit the property to observe the noise at the reported times. Checking with other tenants can also help gauge whether this is an isolated complaint or a more widespread issue.
- Communicate: Politely address the noise source with the tenant, reminding them of their responsibility to abide by noise rules.
- Mediation: If direct communication doesn't work, consider mediation to resolve the issue amicably between tenants.
- Legal Action: If mediation fails, landlords can escalate to formal warnings or eviction processes in severe cases.
Managing Noise in Multi-Family Properties
Multi-family buildings can amplify sound, making noise management even more critical. Here are some strategies that help in reducing noise complaints in shared spaces:
- Set Clear Expectations: Add a noise policy to the lease agreement's table of contents. This policy should explain acceptable noise levels and quiet hours. You should provide these rules and regulations alongside written notice. Tenants should understand that violating noise rules could result in formal action.
- Regular Communication: Use newsletters or emails to remind tenants of noise rules and encourage respectful behavior.
- Soundproofing: Installing sound-absorbing materials, carpets, and curtains can improve acoustical performance between units. Consider adding insulation to reduce the transfer of impact sounds through walls and floors.
- Build Community: Foster a sense of community among tenants. When people know their neighbors, they’re more likely to be considerate.
Legal Options for Landlords
If efforts to manage noise amicably fail, landlords have options to resolve serious noise issues:
- Contact Local Authorities: If loud disturbances keep happening, landlords and tenants in Central Florida can take action. They can contact local police or code enforcement for help. In non-emergency, the local code enforcement may issue a warning or citation to the offender.
- Consult an Attorney: If legal action is necessary, consult with an attorney specializing in landlord-tenant law. Legal counsel can provide guidance on eviction or other formal actions if a tenant repeatedly violates noise policies. Pay special attention to tenants paying rent during notices, if landlord fails to deny it could effect the process.
Tips for Landlords and Property Managers
- Be Proactive: Address noise complaints swiftly to prevent escalation. Tenants must take prompt action, especially if loud noise affects multiple residents or within a common area.
- Educate Tenants: Provide explicit guidelines regarding noise regulation. Ensure tenants understand the consequences of violating noise policies.
- Enforce Rules: Apply noise policies fairly and consistently to maintain a harmonious living environment. Remind tenants to respect local noise laws to avoid legal consequences.
Drowning Out The Noise
Handling noise complaints in Central Florida rental properties involves balancing tenant rights, local ordinances, and effective management strategies.
By setting clear rules, proactively managing complaints, and understanding legal recourse, property managers can resolve issues effectively.
Working with a property management company offers high level support for noise nuisance.
For help with your properties, and for comprehensive property management services, contact Allegiant Management Group today. Learn more about our Orlando property management services.
Allegiant Management Group offers property management services in Orlando and Central Florida. Our services include rent collection, security deposits, marketing, tenant screening, accounting and more!
Watch our Video on Excessive Noise in Florida Rentals
FAQs (Frequently Asked Questions): Dealing with A Noise Complaint
What are Florida tenants' rights regarding noise?
Florida tenants have the right to quiet enjoyment of their rental, meaning excessive noise from neighbors or the landlord may violate their rights. Local noise ordinances set limits, and tenants can file complaints with landlords or local authorities if disturbances persist. Lease agreements may also outline noise policies.
What are common quiet hours in Florida rental properties?
Common quiet hours in Florida rental properties are 10 PM to 7 AM, but local noise ordinances vary. Lease agreements may specify additional restrictions. Tenants disturbed by excessive noise can report violations to the landlord or local authorities for enforcement.
Can a landlord rightfully evict a tenant for excessive noise?
Yes, a landlord can evict a tenant for excessive noise if it violates the lease agreement or local noise ordinances. In Florida, landlords must issue a 7-day notice to cure for lease violations. If the noise continues, they can proceed with eviction through legal channels.
How should landlords investigate excessive noise complaints?
Landlords should investigate noise complaints by gathering details from tenants, checking lease terms, and observing noise levels firsthand. They can speak with the accused tenant, review local noise ordinances, and document complaints. If necessary, issue warnings or a 7-day notice to cure for lease violations.
What are effective noise control methods for multi-family buildings?
Effective noise control methods for multi-family buildings include soundproofing walls and floors, enforcing quiet hours, using carpets or rugs, and installing noise-reducing insulation. Landlords can also update lease agreements with noise policies and address complaints promptly to maintain a peaceful environment.
What qualifies as excessive noise in a rental property?
Excessive noise in a rental property includes loud music, shouting, frequent parties, or persistent disturbances beyond reasonable levels. Many leases define excessive noise as anything disrupting neighbors’ quiet enjoyment, typically measured by local noise ordinances (e.g., above 55 dB at night). Quiet hours usually apply between 10 PM and 7 AM.
How can tenants address a noise complaint with neighbors?
Tenants can address a noise complaint by speaking politely with the neighbor, documenting disturbances, and checking local noise ordinances. If noise persists, they should notify the landlord or property management. As a last resort, tenants can file a formal complaint with local authorities or seek mediation.
Are noise complaints anonymous when reported to the landlord?
Noise complaints to landlords can be anonymous, but policies vary. Some landlords keep complaints confidential, while others may inform the tenant to resolve the issue. To ensure anonymity, request confidentiality when reporting or submit complaints in writing without identifying details.
Can I break my lease due to excessive noise?
Yes, you may break your lease due to excessive noise if it violates your right to quiet enjoyment. Document disturbances, report issues to your landlord, and check local tenant laws. If unresolved, you may have legal grounds to terminate your lease without penalty.
Do noise ordinances apply to private properties?
Yes, noise ordinances apply to private properties. Local laws regulate excessive noise from homes, including loud music, parties, or machinery. Violations can result in fines or legal action, especially during designated quiet hours, typically between 10 PM and 7 AM.
Should landlords include noise policies in lease agreements?
Yes, landlords should include noise policies in lease agreements to set clear expectations. Policies should define acceptable noise levels, quiet hours, and consequences for violations. This helps prevent disputes and provides legal grounds for addressing excessive noise complaints.
Can a landlord refuse to rent to someone with a history of noise complaints?
Yes, a landlord can refuse to rent to someone with a history of noise complaints, as long as the decision is not discriminatory under fair housing laws. Landlords may check rental history, review complaints, and deny applicants who previously violated lease noise policies.
Are landlords responsible for noise from shared walls in multi-family buildings?
Landlords are responsible for addressing excessive noise from shared walls if it violates tenants’ right to quiet enjoyment. They must enforce lease agreements and local noise ordinances. However, normal living sounds (e.g., footsteps) are generally not their responsibility unless poor insulation or building defects contribute to excessive noise.
Disclaimer: The information provided is for general information purposes only and is not legal advice. Please consult a qualified attorney for legal advice. This information does not create an attorney-client relationship.
Blog Updated: 02/25/2025
