• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
Noise and the Residential Lease
A Legal Opinion
ByAnthony J. Fejfar, B.A., J.D., Esq., Coif ©Copyright 2010 by Anthony J. Fejfar Occasionally, the issue arises as to whether an Residential Tenant can be evicted or ejected for allegedly causing too much noise in the residentialapartment or house tenancy. First, it must be noted that each Tenant isentitled to the benefit of an implied covenant of quiet enjoyment from theLandlord. However, this implied covenant of quiet enjoyment does notrelate to noise or sound, but instead relates to the Landlord’s impliedcovenant not to physically interfere with the Tenant’s leased premises. Thatis, the Landlord cannot trespass, nor can the Landlord change the locks onthe door. See generally, Hannan vs. Dusch, 153 S.E. 824 (1930). Someignorant Landlords illegally attempt to evict a Tenant for violating thealleged covenant of quiet enjoyment, but, in fact, the Landlord has it backwards. Also, the Pennsylvania Landlord Tenant Act purports to saythat Tenant A can be evicted or ejected from an apartment, for example,when Tenant A is allegedly interfering with the “quiet enjoyment” of theneighboring Tenant. In fact, the Pennsylvania Statute is both stupid and
 
unconstitutional. The implied covenant of quiet enjoyment only relates tothe Landlord. If Landlord were to insist on this interpretation of “quietenjoyment” then, it only means that one Tenant cannot trespass on the leased premises of the other Tenant. Such an implied covenant of “quietenjoyment” does not relate to noise or sound at all. Additionally, thePennsylvania Case of Louisiana Leasing vs. Sokolow, 266 N.Y.S.2d 447(1966) clearly states that for a Landlord to bring an eviction or ejectmentaction for the allegedly excessive noise of a Tenant which is botheringanother Tenant, three legal elements must be met. First, there must be areasonably drafted noise clause in the Lease; second, the noise must beunreasonably loud, third, the amount of noise must constitute an substantial breach of contract. And, with respect to the requirement of an unreasonableamount of noise, it is clear that the ordinary noise of loud conversation, kids playing and shouting, and television or stereo noise, does not constituteexcessively loud noise, and therefore there is no breach of the Lease, andcertainly no grounds for an eviction or ejectment. Id.Additionally, any purported right of the Landlord to use self-helpeviction or ejectment, is absolutely unconstitutional following, thePennsylvania Contstitution Guaranteed personal right to Property andLiberty, Pugh vs. Holmes, 405 A.2d 897 (1979), Javins vs. First National
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...