Inside this Book

Tenants' Rights in Ohio Regarding Noise

Topics covered include:

• Layman's explanation of Ohio Law regarding noise
• Application of Ohio Revised Code Sections 5321.04 and 5321.07
• Explanation of landlord's responsibilities with regard to noise
• Common law nuisance actions
• Application of Ohio Revised Code Section 3767 - Ohio's Nuisance Statute
• Making your best case/documenting your case

Sample pages

One of the most annoying things that can happen to you in the landlord tenant relationship is to have noisy people around you. Loud music or parties at inappropriate hours can destroy the sense of privacy and solitude that we all want from time to time in our personal space. But you must take into account the fact that you aren't living out in the country by yourself. Whenever large numbers of people live close together, at times sharing walls and floors and ceilings, a court will take this into account in determining how much noise is too much noise.

A. Subjective and Objective Standards

The court is always going to look at noise issues via an objective, rather than a subjective, standard. The difference between the two is easy to understand. The Objective Standard implies an imaginary, average person. This is a person of ordinary sensibilities. This person is known in the law as the "reasonable man." The Subjective Standard is that of one specific individual who may have very particular sensibilities.

1. Subjective Standard

In the 1970s, there was a show starring Lindsay Wagner and it was called "The Bionic Woman." In that program, Ms. Wagner played the part of a character who had suffered terrible injuries in a parachuting accident. She was rebuilt in a secret government hospital with modifications providing for enhanced performance. Among these enhancements was a mechanical ear allowing her to hear conversations at great distances. For our purposes, we will place Ms. Wagner's character in an Ohio apartment complex. She comes home from her job every day and can't relax because she can hear every conversation in every apartment in the complex. Were she to sue, the judge would undoubtedly sympathize with her condition, but since it is an abnormal individual condition, it would be subjective, and thus the judge would not grant her relief.

2. Objective Standard

Now let's take another example. If the famous deaf actress, Marlee Matlin, were to move into an Ohio Apartment complex and members of a 1980s throwback heavy metal rock group moved in upstairs and started to have jam sessions throughout from 10:00 p.m. until 5:30 in the morning, Ms. Matlin could complain and would likely prevail upon her noise complaint because it does not matter that she is deaf and can't hear the noise. That would be the application of the subjective standard. Rather, the court, even in Ms. Matlin's case, would apply the Objective Standard, and ask, how much should a reasonable, average person have to put up with from the rock group?

II. Complaints Against the Landlord

A. Sources of Law

1. Common Law

Most leases will contain a clause stating that the tenant has the right to quietly enjoy the rented premises. In fact, in addition to the rights and obligations a rental agreement assigns to tenants and landlords, a Covenant of Quiet Enjoyment is implied into every lease contract. Dworkin v. Paley (1994), 93 Ohio App.3d 383 at 386. This means that even if this clause isn't in your rental agreement, the courts of Ohio will pretend that it is.
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Product Details - "Tenants' Rights in Ohio Regarding Noise"

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Publisher - R&W Publishing (June 28, 2003)

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