Atlanta, GA asked in Landlord - Tenant for North Carolina

Q: Options for tenants when apartment complex allows violations of local Town noise ordinances.

Lived in my apartment for 8 years. New neighbor consistently jumps around with enough force to rattles floors and walls, and shouts at his dog, roommate and visitors, all before 7:00am and after 9:00pm, including weekends and holidays. Reported to management 4 times, and included verbal and written requests to simply relocate me to another unit within the complex. Town ordinance prohibits "unreasonable " noise from a tenant. It also prohibits "management of a residential facility" from allowing "unreasonable " noise from a tenant. Mgt only willing to sell me a new lease on a more expensive unit. What are my options ?

Related Topics:
1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: Since apartment units share walls, the threshold for "unreasonable" noise tends to be higher than the threshold for free-standing residential properties. Also, one tenant's violation of a noise ordinance doesn't usually give another tenant any special rights, unless the lease or the ordinance itself says so. It could turn out that your landlord would be doing you a favor by allowing you break your current lease and enter into another, even if the second is for a higher rent payment. But an attorney would need to review the lease and probably the ordinance to be able to offer you advice on your specific options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.