City of Takoma Park: Department of Housing and Community Development

                         NOISE COMPLAINTS

     Living in a building with more than one rental unit can
present issues that do not necessarily occur in a single family
house.  At some point, almost every landlord and tenant has had to
deal with a tenant who disturbs others because of excessive noise.

     The term "excessive noise" is not easily defined.  It may be
a stereo or TV playing too loud, or it may be children playing with
toys on an uncarpeted floor.  Whether excessive noise occurs during
the daytime, evening or night is also a factor.  The key to
apartment living is courtesy and consideration for fellow tenants.
When issues regarding noise arise, there are avenues that can be
taken to remedy the situation.

                          WHAT TO DO???

     Many times, the tenant making the noise is not aware that it
is disturbing to other tenants.  If you believe that this is the
case, then a courtesy visit or written note to that tenant can
sometimes resolve the matter, however the decision to approach a
tenant regarding the problem should be carefully considered and if
you do not feel comfortable with this idea, do not do it. 
Sometimes this approach may aggravate the situation if the tenant
is not receptive to this courtesy gesture.

     If you have chosen not to approach the tenant yourself or if
matters do not improve after you have talked to the tenant,  you
should inform the landlord in writing that this problem exists,
clearly stating the specifics. (when the noise is occurring, what
you believe it is and what actions you might have taken thus far) 

You should ask the landlord for his/her assistance in resolving the
matter.  Date the letter and keep a copy, should there be a need to
take further action at a later date.  The landlord should do the
following:

     1.  Investigate the problem and if warranted inform the tenant
creating the excessive noise that there has been a complaint and
that this is a violation of the lease.

     2.  Give the offending tenant an opportunity to correct the
problem immediately or risk being evicted.  Usually a one-month
notice is given to the offending tenant for breach of the lease.

     3.  Ensure that all carpeting requirements as outlined in the
lease are enforced.

     4.  Advise the complaining tenant in writing what actions    
have been taken in regard to this issue.

     These important steps taken by the landlord can often resolve
noise complaints, however if the problem persists, then the tenant
may be able to file a formal complaint with the Commission on
Landlord-Tenant Affairs (COLTA) by contacting the Department of
Housing and Community Development at 270-5900.   If the complaint
can not be resolved, then a hearing would be scheduled where both
parties would have the opportunity to present their cases.  A
tenant filing such a complaint may be able to set forth a claim of
defective tenancy (see "Defective Tenancy Fact Sheet") and seek
reimbursement for any actual damages sustained.  The complaining
tenant may also seek termination of his/her own lease without
penalty should the defective tenancy constitute a substantial
breach of the lease.

     For further information regarding this process, please contact
the Department of Housing and Community Development at 270-5900.