Neighbor threatening to sue over loud music.

Rental Property Investor · Columbia, MD · Member since 2017 · 2 posts · 0 votes

I have a band who's been renting a row-home from me in downtown Baltimore for 4 years, their neighbor has a 97 year old mother with dementia and has been threatening to sue them and for me the noise when they practice (which is only once every two week.) The cops have been call out and said they were not breaking any ordinances. The band has noise proofed the basement as best they can, but I guess they were still not happy about it.

Now I gotten a letter from her lawyer saying if they don't stop they will sue, they've tried to ask for mediation but the neighbor just wants them to stop and if not will ask for monetary damages. Not sure what the best course of action I should take next is.

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Jim K.

Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes

@Ilya Schwartz

So you have a band living together in a house and they tell you they only practice once every two weeks?

Sounds like a pretty useless band -- how do they afford rent?

As for noise-proofing the basement "as best they can," well, that's just a total joke. They're a band. How well could they possibly understand noise proofing? You can get a basement so quiet you can have multiple prisoners in there screaming at the tops of their lungs and no one can hear them right next door. It's been done.

Get on top of the noiseproofing issue by having a drywall contractor evaluate the situation.

Talk to a lawyer because BiggerPockets is not the place to get actionable legal advice.

Get ahead of this.

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Account Closed
Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
7y
Let the band move in adjacent to you if its not such a big deal...
Easy fix: have the band move into a more appropriate space.
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Mike McCarthy
Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
7y
I can't speak to the legal basis of a suit... but even if you win, you're going to need to start spending money on lawyers, time in court, etc.
Even if noise ordinances aren't technically being broken, it's being a pretty crappy neighbor to have a band practicing in a row house.
Maybe step one is to see if you can come up with an agreement as to when the neighbor can be out of the house. Step two is probably get a better place for band practice.
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Ned CareyPro Member
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Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
7y
@Ilya Schwartz what time of day are they practicing. I would think that would be a factor. Have you tested to see what level of decibels they generate? I certainly see the neighbor could be annoyed but I don't know what monetary damages they would have.
Since you have gotten a letter from an attorney I think it is time you talk to one. I don't know if as a landlord you have any responsibilities if they are not breaking any ordinances or laws.
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Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
7y
@Ilya Schwartz
So you have a band living together in a house and they tell you they only practice once every two weeks?
Sounds like a pretty useless band -- how do they afford rent?
As for noise-proofing the basement "as best they can," well, that's just a total joke. They're a band. How well could they possibly understand noise proofing? You can get a basement so quiet you can have multiple prisoners in there screaming at the tops of their lungs and no one can hear them right next door. It's been done.
Get on top of the noiseproofing issue by having a drywall contractor evaluate the situation.
Talk to a lawyer because BiggerPockets is not the place to get actionable legal advice.
Get ahead of this.
4 Reply
Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
7y
Steal the batteries out of the old ladys hearing aid and the problem is solved .
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Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
7y
Take a decible meter out there when her lawnmower is running to see if its louder at the fenceline than the practicing is. Let them argue in court why they can have that noise going but somehow you owe them money for a quieter noise.
On a serious note, If they are not breaking noise ordinances, Id wait till they actually file.
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Tyler Faison
Rental Property Investor · Dallas, TX · Member since 2018 · 37 posts · 13 votes
7y
@Ilya Schwartz One of the best things you can do is reach out to a local music rehearsal space and try to get them to go there. If the band's rehearsals are twice a month, they can easily make use of an Hourly Studio. They also offer Monthly rooms for just a few hundred bucks a month. A lot of people don't even know this type of thing exists, but I'm in Dallas and own two of them. They're the perfect solution. I actually know a guy that owns a couple of them in Baltimore. Even if you pay for their first rehearsal, or can convince the owner to comp a free session to see if they like it, it's convenient, etc. then you might have the opportunity to be the hero and help everyone out.
But yes, at the same time, if they aren't breaking any local ordinances then they don't have to really do anything. I'd be really surprised if they aren't violating any ordinances. For where I live, any level of noise is fine before 9pm. After that they'll start to enforce the ordinances.
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Lynnette E.
Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
7y
And with a ROW home, it may not be so much the noise and the shaking sensation for an elderly person with health issues. They fall easily, and the noise in her head may lead to a shaking sensation and her falling or tripping. And her house may actually shake.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
It doesn't sound like a good choice of location for them. However, I don't see how you would lose the court case when they are not in violation of the noise ordnance. I personally wouldn't sweat the lawsuit but I would try to find them a more suitable rental.
If they are decent human beings, they would try to find a more suitable location, as well.
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Jeffrey H.
Baltimore, MD · Member since 2018 · 169 posts · 82 votes
7y
If youre not violating any ordinance or law, let them sue you. Theyll lose
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Ian Barnes
Rental Property Investor · Baltimore, MD · Member since 2014 · 247 posts · 321 votes
7y
If they sue all they can get is a judgement, it can't stop you from practicing if its legal, and the chances of them winning is minimal. Just show a judge that police came out there and said it was ok, and represent yourself, case closed.
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
I would say It was irresponsible of you to knowingly allow a band to practice in a row house like this on a regular basis . Did you really need a tenant that bad you’d ruin the peace of everyone else by selecting a rock band ? Geez man It sets the stage for this nonsense and is inconsiderate at best . This might end up costing you in the end
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