Can I Be Evicted for My Children Jumping Around on the Floor Above a Neighbor's Apartment?
Full Question:
Answer:
Unfortunately, we are unable to find Iowa cases dealing with noise levels under 562A.17. Peaceful enjoyment is a matter of subjective determination for the court, based on the circumstances in each case. Generally, the noise must be determined to be unreasonable or excessive, as opposed to the normal activity of children. There is no bright line definition of excessive noise produced by a child. Some of the considerations, among others, that may be examined by the court include the time of the day or night that the noise occurs, its frequency, and duration. We suggest you take soundproofing measures, such as carpeting or seek a new apartment on the first floor.
For further discussion, please see:
http://www.tenant.net/Rights/Noise/noise2.html
Please see the following Iowa statute:
562A.17 Tenant to maintain dwelling unit.
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by
applicable provisions of building and housing codes materially affecting
health and safety.
2. Keep that part of the premises that the tenant occupies and uses as
clean and safe as the condition of the premises permit.
3. Dispose from the tenant's dwelling unit all ashes, rubbish, garbage,
and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant
as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances
including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or
remove a part of the premises or knowingly permit a person to do so.
7. Act in a manner that will not disturb a neighbor's peaceful enjoyment
of the premises.
