Legal Question in Real Estate Law in Maryland

tenant creating excessive noise

I own a rental property with two apartments. The first floor tenants have been there three years and I have had no problem. They have no lease. A new tenant moved into the 2nd floor in July 2002. They have a one year lease (I bought from an office supply store). The 1st floor tenants have complained about noise all night and people coming and going at all hours since the new tenant arrived. They cannot sleep. I have spoken with the new tenant but this has not resolved the situation. I do not live near the property, I don't know what goes on. Other neighbors in the adjacent row homes (I do not own)have not to my knowledge complained. The police have been called to the property for domestic disturbances or noise upstairs in each of the last three months. I do not want to lose my 1st floor tenant. Do I have the right to terminate the lease and evict the new tenant based upon their responsibility to quietly enjoy the property? If so how do I proceed?


Asked on 10/06/02, 11:41 am

1 Answer from Attorneys
Alton Drew Alton Drew, LLC

Re: tenant creating excessive noise

You stated that the new tenant has a written leae. Do the terms of the lease address noise and quite hours? If so, then you could argue that the new tenants have breached their lease and request that they leave in light of the breach.

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Answered on 10/06/02, 10:38 pm


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