[NJ] Can repeated noise complaints from a landlord lead to a tenant’s eviction?
Full conversation
I have received two vague noise complaints from my landlord. Am I at risk of being evicted? If yes, how long would I have to move out?
I understand that receiving noise complaints can be stressful. How long have you been living in your current rental unit?
I have been living here since August 2024.
Have you had any previous issues or complaints from your landlord regarding your tenancy?
I received one this morning and other on April 7 2026.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction risk.
I received this message this morning: In the last few weeks we have been getting multiple complaints about loud noise coming out of your unit in particularly during the late hours of the night. We demand that you control the volume of the sound coming out of your unit as it is in violation of your lease and it directly effect your neighbors. Please confirm receipt of this text and make sure to comply. Property Manager Reply STOP to unsubscribe.
I received this message April 7, 2026: We recently received noise complaints coming out of your unit in the late hours of the night. We ask that you respect your neighbors and lower the volume of the noise during the late night hours. Respectfully, Property Manager
Thank you for choosing our service! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation where you've received two noise complaints from your landlord and are concerned about the risk of eviction. Have you considered any legal steps to address this situation?
I am not sure what to do.
Could you let me know if there are any specific clauses in your lease about noise or eviction procedures?
8.7 NOISE Tenants, their families, guests, employees, or visitors shall not make or permit any disturbing noises in the Apartment or Building or permit anything to be done that will interfere with the rights, comforts or convenience of other Tenants. In addition, Tenants shall not sing, play a musical instrument or operate or allow to be operated a radio, computer, television set or other devise to disturb or annoy any other occupant of the Building.
5.1 DEFAULT A. You default under the Lease if You act in any of the following ways: (i) (ii) (iii) You fail to carry out any agreement or provision of this Lease; You or another occupant of the Apartment behaves in an objectionable manner; You do not take possession or move into the Apartment within 15 days after the beginning of this Lease; (iv) You and other legal occupants of the Apartment move out permanently before this Lease ends. (v) Your application for the Apartment contains any misrepresentations or false statements B. If you do default in any of these ways or for any other cause for which it is legally permissible to evict, the Owner may issue written notices (including via email) as required by law and/or engage eviction procedures as permissible by law. C. In the event of an eviction, You will remain liable to Owner for unpaid rent up to the expiration date of this Lease, the value of Your occupancy, and damages caused to Owner after that time, including hold over rent as stated in 5.6. D.
If You do not pay Your rent when this Lease requires or if the Lease ends, Owner may do the following:(a) enter the Apartment and retake possession of it if You have moved out; or (b) go to court and ask that You and all other occupants in the Apartment be compelled to move out. A written notice is not required to engage eviction procedures. E. Once this Lease has been ended, whether because of default or otherwise, You give up any right You might otherwise have to reinstate or renew the Lease. F. If Your application for the Apartment contains any misrepresentations or false statements, this will be a non-curable default, and Owner may terminate this Lease on one (1) months notice. G. If(i) You assign property for the benefit of creditors or (ii) You file a voluntary petition or an involuntary petition is filed against You under any bankruptcy or insolvency law or (iii) a trustee or receiver of You or Your property is appointed, Owner may give You thirty (30) days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the thirty (30) day period, the Term shall end as of the date stated in the notice. You must continue to pay rent, damages, losses, and expenses without offset.
5.4 NOTICES All notices given under this Lease must be in writing in order to be effective. Delivery of notices may not be refused. If any notice is refused, it shall be considered to have been effectively given. Notices shall be given by (a) personal delivery, or (b) certified mail, return receipt requested, unless applicable law requires a different means of notice. (c) Email. Notices to Owner shall be at the address on the f irst page of this Lease, and to You at the Apartment. 5.5 GIVING UP RIGHT TO TRIAL BY JURY AND COUNTERCLAIMS A. Both You and Owner agree to give up the right to a trial by jury in a court action, proceeding or counterclaim or any matters concerning (i) this Lease, (ii) the relationship of Owner and You as landlord and tenant or (iii) Your use or occupancy of the Apartment. This agreement to give up the right to a jury trial does not include claims for personal injury or property damage. B. If Owner begins any court action or proceeding against You which asks that You be compelled to move out, You cannot make a counterclaim unless You are claiming that Owner has not done what Owner is supposed to do about the condition of the Apartment or the Building
Thanks for sharing those details. Have you received any formal written notices from your landlord regarding these noise complaints, or have they only been verbal or via text message?
The April 7 message was received over email. The message this morning was sent over text. I acknowledged receipt of the text message over text.
Got it, thanks for clarifying. Have you responded to either of these notices, and if so, what was your response?
I did not respond to the April 7 email. I responded to the text message by texting: "I conform receipt."
Got it, thanks for clarifying. Have you received any formal eviction notice or just these complaints so far?
Just these complaints. The landlord has not mentioned eviction, but I found the message this morning to be threatening and came to this website to get a better idea of the risk I am facing
Based on your situation, there are several legal arguments and considerations in tenancy law that could potentially support your case:
- Lease Agreement Terms: Your lease includes specific clauses about noise and default. The noise clause prohibits disturbing noises that interfere with other tenants' rights. The default clause outlines behaviors that could lead to eviction, including failing to comply with lease provisions.
- Notice Requirements: According to your lease, notices must be in writing and can be delivered via email or certified mail. The April 7 email and the recent text message could be considered formal notices under these terms.
- Eviction Procedures: Your lease states that the landlord may engage in eviction procedures if you default on the lease terms. However, eviction typically requires a legal process, including proper notice and possibly a court hearing, depending on local laws.
- Tenant Rights: Tenants generally have rights to due process before eviction, which means you should receive proper notice and an opportunity to address the complaints before any eviction action is taken.
Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
Do the messages I have received not count as official notice? From the lease, my interpretation was that the email was an official form of communication, but not the text message. I live in New Jersey. If my landlord initiates the process of eviction, how long would I have to move out?
- Validity of Notices. The email you received on April 7 can be considered an official notice as per your lease agreement, which allows for email communication. However, the text message may not meet the formal notice requirements unless your lease explicitly states that text messages are acceptable. Keep in mind that the formal notice New Jersey law requires before an eviction case can be filed must be served personally, left with a household member over the age of 14 at your home, or sent by certified mail. (NJ Rev Stat § 2A:18-61.2)
- Eviction Process in New Jersey. In New Jersey, the eviction process typically requires the landlord to provide a formal written notice, followed by a court filing if the issue isn't resolved. Under New Jersey's Anti-Eviction Act, a landlord may only remove a tenant for specific good causes, which include continuing to be so disorderly as to destroy the peace and quiet of other tenants after a written notice to cease, or continuing to substantially breach the lease after a written notice to cease (NJ Rev Stat § 2A:18-61.1). If the conduct continues, the landlord must then give a notice to quit, which is three days' notice for disorderly conduct or one month's notice for a lease or rules violation, before filing in court (NJ Rev Stat § 2A:18-61.2). If the court rules in favor of the landlord, you may be given a specific period to vacate, often ranging from a few days to a month, depending on the court's decision. By statute, no warrant of removal can issue until three days after the judgment for possession is entered. (NJ Rev Stat § 2A:18-57)
- Steps to Address the Situation.
- Communicate with Your Landlord: Consider reaching out to your landlord to discuss the complaints and express your willingness to resolve the issue. This can sometimes prevent further escalation.
- Document Everything: Keep records of all communications with your landlord, including emails, texts, and any responses you provide. This documentation can be crucial if the situation escalates.
- Review Local Laws: Familiarize yourself with New Jersey's landlord-tenant laws to understand your rights and obligations. This can help you navigate the situation more effectively.
- Seek Legal Advice: If you're concerned about potential eviction, consulting with a local attorney who specializes in landlord-tenant law can provide you with tailored advice and options.
Please let me know if you have further questions. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!
Disclaimer
By messaging FreeLegalAdvice.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and FreeLegalAdvice.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
FreeLegalAdvice.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.