Q. Can my landlord evict me for excessive noise?

A. Landlords can evict tenants for excessive noise as this constitutes both a breach of the rental agreement and a breach of Ohio Revised Code Section 5321.05(A)(8). But since excessive noise is a breach of 5321.05(A)(8), the landlord must first send the tenant a 30 day letter advising them that they must cease and desist from making too much noise and give the tenants 30 days to comply.

A clever landlord may try to argue that 5321.11 only applies to those violations of 5321.05 which endanger health and safety, and that excessive noise does not endanger health and safety. But there are two cases which indicate differently under Ohio law. The Ohio Supreme Court in the case of City of Youngstown v. Kahn (1925), 112 Ohio St. 654 stated in another context that "It is true that noise affects health through nerve strain, and the apartment house is attacked upon the ground of noise; but people who live in apartment houses may not of themselves be so noisy as people who live in private houses. Id. at 662.

In the case of Shew v. Deremer (1963), 2 Ohio Misc. 65, the Trial Court addressed noises coming from airports and stated that:

A government committee in Great Britain has said, "There is no doubt that noise affects health, but the general effect is more psychological than physical. United States medical researchers have gone further in suggesting that noise can damage hearing, general health and the nerves. Id. at 62.

Lastly, in the case of Parker v. Fisher (1984), 17 Ohio App. 3d 103 the landlord attempted to expel the tenants for three reasons, failure to keep the apartment clean, excessive noise, and having an unauthorized person in the apartment. The Ninth District Court of Appeals stated that: In the present case the landlord's claimed breaches of obligation included both those which require a thirty-day notice to cure and at least one (unauthorized person living there) which did not require such notice. This indicates that the other two complaints (one of which was for excessive noise) threatened health and safety.

So failing the delivery of a 30 day letter, the landlord cannot post the three day notice to vacate that normally starts the eviction. If the landlord does simply post the three day notice to vacate without sending out the 30 day letter, then this will not be sufficient and any forcible entry and detainer action that the landlord files against the tenant will have to be dismissed.

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Disclaimer: The information provided on ohiolandlordtenant.com is not intended to be legal advice, but general information related to legal issues commonly encountered. The law in your state may be different from that discussed here. The facts in your case may be different too.

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