If you’re a renter facing threat of eviction due to a noise complaint, you may be asking what your rights are as a tenant and what happens next. This quick overview of Florida’s eviction laws will help outline your options and prepare you for what’s ahead.
Firstly, yes; your landlord can in fact pursue eviction for noise-related violations. Persistent noise violations may not only be in breach of your lease, but also may violate local noise ordinances. But before eviction is attainable, your landlord must first give you proper notice of the complaint and, in order to successfully evict you, prove that you’ve violated the terms of your lease or that you’re disturbing other renters’ right to quiet enjoyment.
Per Florida law, tenants have a duty to behave and use the premises in a manner that does not unreasonably disturb others or, more broadly, constitute a breach of the peace. Under these circumstances, your landlord can seek termination of your lease provided only that you are given proper notice.
Your local noise ordinance may help you define what noise levels are appropriate in your area. Generally, anything that disturbs a reasonable person of normal sensitivities, or exceeds the sound level limit set forth in the ordinance, will be in violation. This type of noise may refer to yelling, shouting, altercations, amplified music, musical instruments, televisions etc. The best way to avoid eviction and the termination of your tenancy is to comply with any local noise ordinances and read your lease carefully in order to ensure you are fulfilling your obligations as a tenant.
If you feel you’ve been wrongly and unfairly accused of breaching the terms of your lease due to noise complaints, consult with an experienced attorney in order to ensure that you’re being treated fairly and that your rights as a tenant are protected.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.