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This isn't about direct neighbors in a house or apartment but it raises noise issues. Does the right or expectation of quiet spill into the street/public spaces.
In Austin Texas many residents/new residents in a gentrifying area are complaining about unofficial car competitions/traditions.
I am trying to find out if I am being fussy or should consider speaking to my landlord.
Just a note, that I have no written lease, it's a unique situation in that I rent from two people I have known for about 15 years.
I have lived here for 5 years and am a pretty good tenant (yes, they feel so too). They are very particular, but I try to keep a low profile and am quiet and pay my rent because it's a good deal and it's hard to rent with 3 dogs. My apartment is the top floor of a 3 car garage across the driveway from their house in a quiet wooded neighborhood.
This was never an issue but since a year ago, when I began working from home, I have noticed how much noise is being made below in the garages on an almost daily basis. One of the individuals is semi-retired (mostly retired) and is always doing home renovations and projects, which I would not mind, etc except that many of his tools are in one of the garages (not in their basement or the small barn behind their house) so I often have to hear garage doors opening and closing multiple times a day (the other day I counted 11 times alone in just a few hours) and tools and a power saw below me. And not just for a few minutes, it's multiple times throughout the day, multiple times a week, if not daily.
I try not to complain but this has started to become frustrating. The noises make my dogs bark, whether it's the tools, or him clunking things below us, or the doors opening. It seems excessive to me, especially when it's multiple days a week, if not close to every day it seems like, for over a year now. I work from home M-F from 9am-5pm but also would just like to enjoy my apartment.
Thoughts? Do you think I have a right to say anything?
"Quiet enjoyment" doesn't actually imply "silence" although it can refer to noise.
However, normal garage activities during daylight hours (power tools) are not an infringement. Typically LL's breach "quiet enjoyment" by invading a tenant's privacy, restricting utilities, disrupting normal social activities, etc...
Noise can be a breach, but only in so far as it goes beyond what's normal or reasonable.
Playing drums at midnight qualifies.
Playing music at a reasonable volume during the daytime isn't.
Your landlord running an angle grinder to clean up the metal on his hot rod frame at 2 AM would qualify. Your landlord restoring his car between 7 or 8 AM and 10 PM isn't.
There was a post here years ago about someone that worked the night shift, that complained about a tenant making music furing the day. Thing was, the other tenant was a professional musician that abided by the quiet hours of the building. I think this is similar.
Also, I'm not talking about it in regards to *JUST* my work environment. What if I was simply home all the time, not working, but trying to enjoy my living space? Do you think hearing a bandsaw daily is enjoyable lol??
That said, I appreciate the feedback and am going to take this into account and try to adjust my attitude a bit. I will also get out the training treats and see if I can get the hound mix to maybe simmer it down a bit on the alert barking lol. But at 11.5 yrs old I'm not super hopeful LOL.
Enjoy doesn't mean "to take delight or pleasure" in this case (obviously no landlord can guarantee you'll be delighted with your place.)
Your arrangement worked fine until you started working from home. You can’t expect the landlord not to use his garage. Thus you have to accept things or find a new place to live because this arrangement is no longer meeting your needs.
I realize it’s not what you want to hear but you really just need to make the best of it, or find another living arrangement. Your needs are the ones that changed. It doesn’t sound like the landlord is bothering you on purpose.
You do have the option of speaking to the landlord about the situation. He may adjust his schedule because he doesn’t want to lose you as a tenant. Or he may not and would rather find a tenant who is not home all day. I don’t think there is any harm in tactfully communicating with the landlord.
If you want to speak with them about it, you must always lead with a deferential position...."I know this is your property and you enjoy wood working" (or whatever). And I think it's great you have a hobby you love in retirement. I've been forced to work from home during the pandemic and sometimes my clients can hear the saw in the background....my meetings are usually in the morning so do you think you would be able to hold off till the afternoon a few days a week?"
Obv you need to tailor this to your situation. But if you approach it the right way and leave them an out (it's ok if nothing can change, I'm just throwing it out there)....you might get what you want. BUt you know them and how they'll react. We don't.
If you have a good relationship with them, by all means start a conversation. I would be annoyed by the noises you describe, too. However, you do live above a garage and it sounds like they are using their garage in a way that makes sense to use a garage. It might be best to see what you can incorporate that may mitigate the annoyance from the noise (noise-cancelling headphones? white noise?). But I think it's also reasonable to start a conversation just to see if there is any compromise that might be helpful for you. They can say no, you can move (or stay and endure), but you won't know without that conversation. It does sound like it hasn't been an issue until you started working from home, so this may be a surprise to them.
This is your landlords home. I also have an over garage apartment I rent out on our farm.
You are there because it's a non-standard rental with privileges most tenants don't have, such as being able to have dogs and live in a rural woodsy area. Try to remember that before you upset the apple cart.
We try to apply common courtesy to our tenant, but that means not running bandsaws at 1 am, not 1 pm.
If our tenant asked us to stop using the garage/workshop during the day because you're now working from home, or curtail any of the things we normally do around our property, we'd tell her to go find somewhere else to live.
You live in an apartment over a garage. It should be expected that the garage door will open/close, people will make noise there, etc.
I find it difficult to believe that you never noticed these noises previously. They never went on the garage on weekends when you were home. Because you're home much more now, you're noticing it more.
The term: quiet enjoyment is a legal phrase and has nothing to do with noise. It has to do with non-interference with your use of the premises.
Noises relative to a garage/doors opening and closing or grinders or bandsaws has nothing to do with your use of your apartment. Your dogs barking, however, could be an interference with the other tenants/owners.
I suggest you first train your dogs to not bark at those sounds (I have trained mine and I know you can if you choose). Then I suggest you get some noise cancelling headphones to use while working from home.
This is your landlords home. I also have an over garage apartment I rent out on our farm.
You are there because it's a non-standard rental with privileges most tenants don't have, such as being able to have dogs and live in a rural woodsy area. Try to remember that before you upset the apple cart.
We try to apply common courtesy to our tenant, but that means not running bandsaws at 1 am, not 1 pm.
If our tenant asked us to stop using the garage/workshop during the day because you're now working from home, or curtail any of the things we normally do around our property, we'd tell her to go find somewhere else to live.
This. And I believe that’s exactly what would happen... and since this tenant has three dogs AND no lease.. they need to move or find another place to work. They chose this apartment knowing it was over a garage and I’m sure they’re aware of what a garage is used for.
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