Tenant complaint noisy children

General Landlording & Rental Properties
8yFollow

Tenant complaint noisy children

Kate Elson
Weymouth, MA · Member since 2013 · 11 posts · 9 votes
My first floor tenant is complaining about excessive noise from the second floor tenants children. Second floor has 3 young boys from 18 months to 6 years old. 2nd floor claims its normal noise and all kids are in bed by 8 and sleep until about 8 so not early in the morning. During the day though, she home schools and is there all the time. I’m pretty sure the boys run rampant playing, jumping off couches things like that. The first floor tenants are a wonderful young family too but I’m pretty sure they are more subdued with their girls and would not let them run in the house etc and would expect the same. I feel bad for both tenants because I’m pretty sure the noise is bad but how do you keep three young boys sitting quietly and it’s winter in New England so where else are they supposed to play? I would not want to live below that for sure though. Second floor is a 4 bedroom apartment so I will probably always have a family even if I ask them to leave. What are my rights and responsibilities as a landlord? Do I have the right to tell her the children can’t run around so the first floor has quiet enjoyment? I could install carpet but there are beautiful hardwood floors and the second floor tenant would hate it with the mess of kids. Any help is appreciated thanks
0Reply
242 views

Most Popular Reply

Nolan M.
Rental Property Investor · Mesa, AZ · Member since 2015 · 143 posts · 187 votes
8y
As a police officer I am frequently called to these situations. Unless there is unreasonable stomping around in the middle of the night I do nothing more than tell the upstairs neighbor that there was complaint. I inform the downstairs neighbors that noise from the upstairs unit is par for the course in apartment living, it’s not a police issue. If they want peace and quiet they need to move to a house, simple as that.
7Reply
See this reply in the discussion

23 Replies

Jump to latestLatest
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    8y

    You go ahead and tell young boys not to make noise . 

    Its not gonna happen , I have 2 of them , it isnt gonna happen 

    1Reply
  • Eddie Memphis
    Investor · Englewood, CO · Member since 2015 · 158 posts · 140 votes
    8y

    Kate,

    This is none of your business. You supply a place to live. You are not an arbiter. 

    The need to settle their own dispute like adults.

    1Reply
  • Will GastonPro Member
    Rental Property Investor · Columbia, SC · Member since 2010 · 1k+ posts · 2k+ votes
    8y

    Totally agree with @Eddie Memphis. Be very careful where you get involved with inter-tenant disputes. It's a slippery slope. People will use the path of least resistance when it comes to just about everything. Remind them of your responsibilities (maintaining the property) and leave it at that.

    0Reply
  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    8y

    Your lease, I'm certain, has a clause that ensures "quiet enjoyment". Your upstairs neighbors need to control their kids activity to ensure they don't disturb the other shared building residents. If they can't then they should be evicted. I never understood why someone with kids would ever want an apartment rather than a house so their kids can play in the yard.

    2Reply
  • Janine Covello
    Rental Property Investor · Eastchester, NY · Member since 2017 · 39 posts · 36 votes
    8y

    Could you  require or suggest the use of area rugs? My brother had a lease in the past that technically required 70% of the upstairs floor be covered by an area rug to minimize noise between neighbors.  

    To be honest however, boys at that age are just so full of energy and there is likely little that can be done to minimize the amount of noise they will naturally make :( 

    0Reply
  • David HalprinPro Member
    Rental Property Investor · Avon, CT · Member since 2015 · 22 posts · 20 votes
    8y
    Ray Harrell you think it’s going to be easy to evict someone with an 18 month old because the kid is loud? Good luck. I would encourage the tenants to try and resolve it themselves. Additionally, I would look into if there’s ways to mitigate Noise in the future, lest you are going to limit tenant pool to people with no kids.
    2Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Legally all tenants are entitled to reasonable/quiet enjoyment. It is unlikely that your down stairs tenant will file a complaint against you although they will likely ask to be released from their lease. It would be wise on your part to agree without penalty.

    Although most landlords will turn their back on the situation as a landlord you have a responsibility to respond to tenant complaints. If you want to retain tenants you will need to address the problem. You should be asking the upstairs tenant to attempt to keep the kids quiet and be installing carpets whether they like it or not. Make sure you use high quality under pad to kill the noise.

    3Reply
  • Kate Elson
    OP
    Weymouth, MA · Member since 2013 · 11 posts · 9 votes
    8y
    Thanks for your input everyone as a landlord I truly try to do my best by all my tenants but I feel stuck between a rock and a hard place. Carpets may be an answer. I feel legally first floor has a right to “quiet enjoyment” and if I don’t respond I’m negligent but if I tell second floor to reign in their kids it’s discrimination. Massachusetts law has a way of making the landlord the bad guy no matter what it seems in this case.
    1Reply
  • Carol C.
    Investor · Nassau County, NY · Member since 2016 · 82 posts · 43 votes
    8y
    @Kate Elson - for a two family in Queens, NY we were able to spray insulation in the 1st floor ceiling. Wasn't a perfect fix, but good enough to make 1st floor happy.
    0Reply
  • Steven Gesis
    Investor · Miami, FL · Member since 2015 · 1k+ posts · 390 votes
    8y
    Originally posted by @Kate Elson:
    My first floor tenant is complaining about excessive noise from the second floor tenants children. Second floor has 3 young boys from 18 months to 6 years old. 2nd floor claims its normal noise and all kids are in bed by 8 and sleep until about 8 so not early in the morning. During the day though, she home schools and is there all the time. I’m pretty sure the boys run rampant playing, jumping off couches things like that. The first floor tenants are a wonderful young family too but I’m pretty sure they are more subdued with their girls and would not let them run in the house etc and would expect the same. I feel bad for both tenants because I’m pretty sure the noise is bad but how do you keep three young boys sitting quietly and it’s winter in New England so where else are they supposed to play? I would not want to live below that for sure though.

    Second floor is a 4 bedroom apartment so I will probably always have a family even if I ask them to leave.

    What are my rights and responsibilities as a landlord? Do I have the right to tell her the children can’t run around so the first floor has quiet enjoyment? I could install carpet but there are beautiful hardwood floors and the second floor tenant would hate it with the mess of kids.

    Any help is appreciated thanks

     I recommend advising the tenants this is a domestic issue and that as a professional business we cannot wedge ourselves in this situation, advise to call the police if this is such a large issue to them. They need to resolve amongst themselves, you cannot be judge and jury in this case, based on my experience. Always remember,  the adult that rented the 1st floor units, understood someone lives above them = noise :)

    3Reply
  • JingJing He
    Hayward, CA · Member since 2017 · 91 posts · 40 votes
    8y
    You can ask the upstairs tenants to put down rugs.
    1Reply
  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    8y

    I would let the upstairs tenant know that there was a complaint and you have suggested that the downstairs tenant politely let them know when they are being disturbed because you were quite sure they (upstairs tenants) would make every effort accommodate.  Tell downstairs tenant that you have notified the upstairs tenant of the complaint and suggest that they  (politely) let the upstairs neighbor know when they are too noisy and to keep a log of complaints and outcomes. After all, you don't live there.

    3Reply
  • Nolan M.
    Rental Property Investor · Mesa, AZ · Member since 2015 · 143 posts · 187 votes
    8y
    As a police officer I am frequently called to these situations. Unless there is unreasonable stomping around in the middle of the night I do nothing more than tell the upstairs neighbor that there was complaint. I inform the downstairs neighbors that noise from the upstairs unit is par for the course in apartment living, it’s not a police issue. If they want peace and quiet they need to move to a house, simple as that.
    7Reply
  • Thomas Hickey
    Real Estate Investor · Peabody, MA · Member since 2013 · 304 posts · 91 votes
    8y
    Unfortunately I don't think there is much you can do. I would certainly mention it and recommend rugs. What you can do is price problem tenants accordingly. A $200 rent increase sounds in order for the aggravation factor and the fact that you will likely have to clean and rent the apartment below soon.
    0Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    8y

    @Kate Elson when I rented apartments, I only rented on the top floor. There is always going to be noise on the lower floors. It is not an evicatable offence. The word "loud" is very subjective. 

    I had a neighbor next to one of my rentals call the police to report kids in the driveway playing basketball at 2PM on Sunday, saying they were too loud. The police call log said, they told the person noise during day time hours is acceptable. They refused to dispatch police and told the person to just go talk to their neighbor. 

    Tell the tenant downstairs to bake a batch of cookies and bring them upstairs. Tell them to befriend the tenants and talk to them nicely about controlling the noise. There is probably certain times that it bothers the people downstairs the most, like maybe their child has a nap time. My guess is if the tenants sit down together, they can work through it. 

    I refuse to get in the middle of noise complaints. I tell tenants to talk to the neighbor and if it violates noise ordinance, call the police.

    0Reply
  • Eric Stafford
    New to Real Estate · Dedham, MA · Member since 2017 · 85 posts · 21 votes
    8y

    @Kate Elson I have two girls and a wife that home schools. The girls have as much energy as lively boys. We do have carpet though. My non-professional definition of quiet environment exists between 8pm and 8am. I think that's a reasonable expectation. It'd be very hard to have varying parties agree on the definition of quiet environment. 

    Aside from the suggestions of others, I'd try to define what that window is for up and downstairs. Instead of asking someone to be quiet all day long, have them focus on a time frame (6pm-8am). Downstairs should deal with it during the daytime.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y
    i generally tell the tenants to work it out and let people know when there are complaints. Maybe no shoes/ carpets. If you know the source is the"homeschooled" kids i would not renew that tenant. Homeschooling, work from home, running a business all are not protected tenant clases. If the lower neighbor is a big complainer dont renew them. It really is about what fixes things long term and leaves you with relatively happy tenants, not necessarily these tenants. If it is an older building noise will travel and there are some things you can do but the building doesnt change. Kids suddenly quiet from 8pm to 8am and in the house all day I dont buy it. Which is the new tenant?
    2Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Tell the down stairs tenant to crank up their stereo during the day. No reason the upstairs tenant with noisy kids should be bothered by music. If they can not stsand th enoise of kids (understandable) then drown it out.

    0Reply
  • Brian Pulaski
    Flipper/Rehabber · Montgomery, NY · Member since 2016 · 2k+ posts · 1k+ votes
    8y

    I could not imagine trying to keep my 3 and 4 year old quite (if someone was below us). I actually like it when they/we are rowdy, they usually go to sleep quicker after being worn out.

    My MIL lived below a family and complained about the noise. She was told that there were kids upstairs and as long as the noise was during the normal daytime hours, there was not much that can be done short of ask nicely. She moved out soon after. Sure enough in another rental now, and she is complaining about the noise from outside children playing. In her opinion they shouldn't be playing where they are... she has gotten nowhere with this particular "fight".

    0Reply
  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    8y

    Be courteous and professional, but stay out of it...... you are not the "mom" between 2 kids that don't like what the other one is doing...... Short conversations with both of them about the issue and that you expect to resolve it between themselves, like adults, Install carpets and anyting easy that may help with the noise, but that's it....

    The noise is normal and during reasonable hours...... case closed. If they want total peace and quiet, move out to the country.

    1Reply
  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    8y

    I live below a family with a young child. I can hear her stomping throughout the apartment, you know how kids gallop? I hear it all the time. Constant banging and rolling of toys across the floor. Rugs and carpets won't reduce stomping and jumping noise.

    @David Halprin, if they are breaking the lease, you have a right to terminate the lease. Part of the lease is "quiet enjoyment" and is just as valid a request as "rent is due on the 1st". There comes a point when a neighbor is just a nuisance and must be removed.

    0Reply
  • Chris Connery
    Rental Property Investor · Cherry Hill, NJ · Member since 2017 · 119 posts · 60 votes
    8y

    @Nolan M.

    Just out of curiosity. What do you do if there is alleged unreasonable stomping?

    0Reply
  • Chad Smith
    Member since 2020 · 1 post · 0 votes
    6y

    I don’t care where the noise is coming from. A stereo or a child. A noise disturbance is a noise disturbance. Quite frankly, your kids are not my problem as a tenant. Family’s with kids running around all hours of the day should be segregated to first floor units only.

    Yeah some noise is to be expected but, your kids running around all day everyday? Nope.

    Have friends or family watch them, daycare, or let them run around outside.

    There are people who work 3rd shift and people who work from home that require a reasonable amount of quiet

    If you cannot accomodate that, you need to take your broken family farm elsewhere.



    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free