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Noise Ordinances and Quiet Enjoyment Clause

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aspekt9

Junior Member
What is the name of your state (only U.S. law)?

Newport, Rhode Island

I moved into a new apartment recently and in the lease there is a quiet enjoyment clause. I work 40 hours a week, M-F but I like to have some friends over on the weekends to hang out at the beach, go out to bars, and for sporting events at my apartment. What exactly does quiet enjoyment mean? If I am not breaking any of the town or state noise ordanances, can I still be breaking the quiet enjoyment clause? What is the proper way to handle these events that I like to have, should I speak with the other tenants in the house before hand? I guess the apartment that I rented had three very loud and destructive college kids who had parties all the time and the first thing one of the neighbors said to me was, "we like quiet around here, the last tenants were extremely disturbing". While I can completely respect where this neighbor is coming from, as I would be upset as well, I don't want to have to wear headphones when watching my TV and not being able to have some friends over on the weekends. Could someone elaborate on the best way to handle this situation?
 


Hot Topic

Senior Member
What is the name of your state (only U.S. law)?

Newport, Rhode Island

I moved into a new apartment recently and in the lease there is a quiet enjoyment clause. I work 40 hours a week, M-F but I like to have some friends over on the weekends to hang out at the beach, go out to bars, and for sporting events at my apartment. What exactly does quiet enjoyment mean? If I am not breaking any of the town or state noise ordanances, can I still be breaking the quiet enjoyment clause? What is the proper way to handle these events that I like to have, should I speak with the other tenants in the house before hand? I guess the apartment that I rented had three very loud and destructive college kids who had parties all the time and the first thing one of the neighbors said to me was, "we like quiet around here, the last tenants were extremely disturbing". While I can completely respect where this neighbor is coming from, as I would be upset as well, I don't want to have to wear headphones when watching my TV and not being able to have some friends over on the weekends. Could someone elaborate on the best way to handle this situation?

You're to be commended on seeking advice on what for a lot of people is a difficult subject.

The quiet enjoyment hours set by the city should tell you what hours you need to cycle down the noise. Here, it's between 10 p.m. and 7 a.m. Your landlord may have different hours, but I know that in my city, the hours the city sets trump the ones set by the landlord.

Common sense should guide your behavior. The tenant over me got drunk with his friends, and they didn't leave until 3:25 a.m. The tenant didn't see a problem and insisted he wasn't having a party. He was, in fact, violating his lease, which should also guide you as to noise.

If you have a feeling your television set is on too loud, it probably is (I'm glad there's going to be a new law forcing commercials to "tone it down"). Don't do at 10 p.m. what you can do during the day. Headphones are a great invention when you want to play music. If music is making your floor shake, it's probably shaking the one under you.
 
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aspekt9

Junior Member
Thanks, your advice has been very helpful. I have one last question: the noise ordnances state between 10pm and 7am sound is not to exceed 55dBa and all other hours that limit is 65dBa. These sound levels are measured at the property lines as stated in the municipal codes. My question is, how would these limits apply to different apartments located in the same house, especially since the thickness and insulation of floors and walls is the only element separating living spaces?
 

Searchertwin

Senior Member
If I am understanding right, than this is how I see it.

The property line is where the building starts and stops. The building can be 100feet in the sky but still within the property line. So the ordinances for sound would still fall under this code.

In other words, you want to play very loud music. Which is alright, BUT, what music is to you is not to me. I can't stand rap, drums, screaming or cuss words yelling from the songs. So you will encounter this problem also.
If you respect the ordinances and your neighbors, than just use common sense and have respect for their quiet enjoyment as well.
 

OK-LL

Member
A good rule of thumb is, if the sounds can be heard outside your apartment, it's too loud. None of your neighbors wants to hear your tv, your friends, your dogs, etc. They're all trying to enjoy their own in their apartment. So if you make noises that can be heard outside your apartment at any time of the night or day, you are violating the tenants of being a good neighbor.
 

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