I’m Tired of My Noisy Tenant!

Elaine is a responsible, no-nonsense landlord. Her leases are clear and thorough, and her tenants generally live by her rules. Every now and then, but, Elaine signs a lease with a tenant who unexpectedly starts causing distress—despite her read-through the tenant’s rental history, criminal background, and credit.

This time it’s a young woman who is simply too loud. She plays her TV at top number, listens to bass-busting composition late at night, and has way too many parties with her also-loud friends.

Elaine has reminded the young tenant about her rules on disturbing the concord. She’s questioned her to discontinue the behavior. And now, other tenants are complaining. Elaine is ready to issue a Three-Day See to Quit. Is that her best option?

According to our sources, no. This non-conditional see is generally used when whatever is happening to breach the lease cannot be corrected. Examples include illegal behavior like selling drugs, irreparable hurt to the material goods, or subleasing the material goods without permission. The see tells the tenant that if they are not out in three days, exile proceedings will start.

In this case, Elaine’s tenant could still right her problem—just by quitting the loud parties and turning down her stereo equipment. Therefore, a Three-Day See to Perform Covenant or Quit is the better recourse. It must specifically disorder the behavior that breaches the lease so the tenant can right it.

Then if the problem continues over the three-day period, Elaine can start exile proceedings. But what if the tenant quiets down for three days, and turns up the number again? Hopefully, the threat of exile is enough to inspire behavior modification in this tenant. If not, another Three-Day See to Perform Covenant can be issued. After a few of these, it might be time for the Three Day See to Quit!

Legal disclaimer:
The contents of this article are intended for general in rank purposes only, and should not be relied upon as a substitute for obtaining legal advice applicable to your situation. Always consult your legal advisor for your particular situation.