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 ?

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1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
Answered
  • 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.

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