Living in a rental property means maintaining some pre-agreed rules and responsibilities. One of them is keeping a healthy noise level. Generally, you shouldn’t exceed 70 dB noise level unless you want a warning from the landlord.
Many renters wonder – Can a landlord evict them for noise complaints? The answer is complex and dependent on various circumstances. It relies on the noise’s severity and the lease agreement’s terms.
Repeated noise disturbances can often lead to a renter eviction. You may not be evicted if you present a valid reason in a court hearing.
This article will discuss eviction due to noise complaints and how they can impact your living situation. So, stay with us to understand the whole process.
What Is Prohibited Noise According to the Michigan Code of Ordinances?
According to the Michigan Code of Ordinances, chapter 12, section 12-3, specific noises are prohibited to maintain community peace and safety. If renters violate these rules, landlords can file eviction for noise complaints.
This possible consequence isn’t pleasing to a renter at all. However, the ordinance abstracts several types of noise disturbances that may lead landlords to file complaints.
Some prohibited noises include:
- Animal noises: Renters with pets create frequent or loud sounds that disturb the comfort of nearby residents.
- Construction: Performing construction work outside the approved hours of 7:00 a.m. to sunset without proper authorization.
- Amplified sound: Using loudspeakers or amplifiers at a high volume, particularly near schools, hospitals, or places of worship.
- Vehicle exhaust: Operating vehicles with loud or inefficient exhaust systems.
- Music and instruments: Playing radios, televisions, or musical instruments too loudly, especially between 11:00 p.m. and 7:00 a.m.
These noises are unlawful when they disrupt others or create a disturbance. If renters continue to violate noise regulations, landlords have the right to pursue an eviction.
How Many Noise Complaints Does It Take to Get Evicted?
The number of noise complaints needed for eviction in Michigan depends on several factors. One of them is the lease agreement. If the lease agreement doesn’t contain anything about noise, then landlords can’t put a renter eviction notice.
However, if the noise is severe or harmful, only a few complaints are enough to evict a renter in the Detroit metropolitan area, Michigan. Yet, we couldn’t find any law specifying a number of noises that legalize the eviction process.
If a renter violates the lease by making excessive noise, the landlord must provide a 30-day Notice to Quit. The landlord can’t perform the eviction process if the renter resolves the issue within this period.
The Procedure of Evict a Resident in Michigan Due to Noise Complaints
Landlords can evict a resident legally if there is a noise issue. However, the whole process contains some steps. Let’s know about the process in detail.
Notice to Quit
A formal notice to the renter is the initial step in the renter eviction process for noise complaints. If a resident makes unreasonable noise that violates the lease agreement, the landlord can issue a notice before taking legal action.
The resident is given a chance to stop the noise or move out. If they fail to do so, the landlord can then proceed to court to seek an eviction order.
Complaint Filing
We can’t deny landlords have the right to file a complaint if the noise issue is not resolved after a notice. The landlord can file a formal complaint in court and ask for legal help.
As experts in rental property management in Michigan, we assure you that you still have a chance to resolve the issue. The objection file includes eviction reasons, such as continuous noise violations.
Hence, the court will schedule a hearing at which both parties can present their cases. Renters can explain themselves in the next stage.
Hearing
The hearing is where the landlord and renter present their arguments before a judge. This is the legal step where the court decides whether can your landlord evict you or not.
If the renter provides valid reasons or evidence against the noise complaints, they may avoid eviction. However, if the judge rules in favor of the landlord, we can’t avoid the eviction order. However, you can counter-sue landlord eviction using the laws that favor you.
Judgment and Writ of Possession
After the hearing, the court issues a judgment. This judgment is an official order of the resident eviction. A Writ of Possession is granted if the judge sides with the landlord. So, if it happens, it’s nothing but the last nail in the coffin for renters.
This judgment gives the landlord legal rights to reclaim the property. The renter then receives a notice about when they must leave. If the renter does not go, the landlord can involve law enforcement.
What Landlords Can’t Do During the Eviction Process?
- Use threats or violence to force a resident to leave their home.
- Shut off essential services like water, electricity, or gas.
- Enter the property without the renter’s consent unless it’s an emergency.
- Remove or damage the renter’s belongings.
- Change the locks or security systems without getting permission first.
- Create disturbances such as loud noises or unpleasant smells.
- Displace a renter’s items by placing them on the street.
- Block access to the property or make entry difficult.
How Long Does the Eviction Process Take?
We have noticed that the eviction process in Michigan usually takes three weeks to two months, depending on the situation. After receiving an order of eviction for noise pollution, renters are given precise timeframes to act.
The landlords give residents official notice, which is at most 30 days. If the renter doesn’t take the necessary steps, a court hearing is scheduled.
The judgment may rule in favor of the landlord. Then, the renter is given more time to leave, or authorities will step in.
Here’s a general table of the overall process:
| Steps | Timeline | Important Note |
| Notice to Vacate | 1 – 30 days | Written notice is required before starting the eviction process. |
| Hearing Notice | 3 days before the hearing | Make sure no errors occur during filing. |
| Court Hearing and Judgment | 5-10 days | If the court rules in favor, a Judgment of Possession is granted. |
| Writ of Restitution Issued | 10 days | This gives renters a final warning before forced eviction. |
| Property Returned to Owner | 7 days | Eviction is handled by authorized personnel, not the landlord. |
Last Words
Loud noises can be annoying, but we don’t consider eviction as the best choice for you. Due to eviction, your one vital need, “accommodation”, is restrained.
As a resident, now you know the answer to the question – can a landlord evict you for noise complaints? It depends on the lease and how severe the noise is.
So, why don’t we come to a mutual solution? Talking openly with your landlord can fix problems before they get worse. Remember, eviction is a legal process that has to follow specific rules. Therefore, contact Amerihome soon unless you want to lose a safe place to live.
Frequently Asked Questions
Can A Landlord Evict You Without A Court Order?
No, a landlord cannot expel a renter without obtaining a court order. The eviction process requires legal action to protect both parties’ rights.
Can A Landlord Kick You Out Without A Lease?
Yes, a landlord can remove a resident without a lease. Still, they must follow legal procedures, including providing proper notice and getting a court order if necessary.
