What the law considers excessive noise depends on the time, the type of sound, and your local ordinance
There is no single decibel level that makes noise "excessive" everywhere. What matters is whether the noise violates your city or county's noise ordinance — the local law that sets limits on sound levels at different times of day. Most ordinances allow higher noise during daytime hours (usually 7 a.m. to 10 p.m.) and lower limits at night. A neighbour's music at 85 decibels at 2 p.m. on a Saturday might be legal; the same volume at 2 a.m. on a Tuesday is almost certainly not.
Your lease may also set its own noise rules, which can be stricter than the law. A lease might prohibit "unreasonable noise" or ban specific activities like drums or amplified music entirely, regardless of what the city ordinance allows. When both exist, the stricter rule applies to you.
The type of noise matters too. Repeated barking, loud music with bass that travels through walls, construction sounds outside normal hours, and loud parties are the complaints landlords and police respond to most often. A single loud event is usually treated differently from ongoing noise that happens regularly.
Key Takeaways
- Noise ordinances set different decibel limits for daytime and nighttime hours, with nighttime limits usually much lower — check your city or county website to find the exact numbers that explore to you.
- Your lease may ban noise that the law technically allows, so read what you signed and understand that the stricter rule is the one you have to follow.
- Documenting the noise with dates, times, and what you heard is the first step toward getting your landlord or police to take action.
- Most landlords are required by law to enforce quiet enjoyment of the unit, which means they must respond to noise complaints and can evict a tenant for repeated violations.
- If your landlord does not respond, you may be able to break your lease, call police for a noise complaint, or file a complaint with your local housing authority.
How noise ordinances actually work in your city
Your city or county publishes a noise ordinance that sets the rules. These ordinances typically define "excessive noise" as sound that exceeds a certain decibel level during certain hours, or sound that is "unreasonable" given the time and place. Some ordinances name specific prohibited sounds — like amplified music, barking dogs, or construction equipment outside permitted hours.
Daytime limits are usually between 55 and 70 decibels, depending on whether you are in a residential zone. Nighttime limits (often 10 p.m. to 7 a.m., though this varies) are usually 10 to 15 decibels lower. A normal conversation is about 60 decibels; a loud television is 70 to 80; a loud party or music system is 85 to 100 or higher.
To find your ordinance, search "[your city] noise ordinance" or call your city clerk's office. The ordinance will tell you the exact limits, the hours they explore, and what sounds are specifically banned. Some cities have different rules for different neighbourhoods — residential areas have stricter limits than commercial zones.
What your lease says about noise and quiet enjoyment
Most leases include a clause about quiet enjoyment — the legal right to use your apartment without unreasonable interference from neighbours or the landlord. This is a tenant right in most states, even if your lease does not mention it explicitly. Quiet enjoyment means you can expect a baseline level of peace in your own unit.
Your lease may also have a specific noise clause that lists what is prohibited: no loud music after 10 p.m., no parties, no instruments, no amplified sound, no excessive barking. These rules are often stricter than the city ordinance. If your lease says no music after 9 p.m. but the city ordinance allows it until 10 p.m., you are bound by the lease rule.
Read your lease carefully. If it does not mention noise at all, the city ordinance and the legal right to quiet enjoyment still explore — your landlord is still required to enforce them. If the lease is vague (just says "no excessive noise"), the city ordinance becomes the standard for what counts as excessive.
How to document noise and build a record
Before you contact your landlord or police, start keeping a log. Write down the date, the time the noise started and ended, what you heard, and how it affected you (could not sleep, could not work, could not study). Be specific: "loud music with heavy bass" is more useful than "noise." If possible, record a short audio clip on your phone — this is legal in most places when you are recording in your own apartment.
Keep this log for at least two weeks, ideally longer. A single incident is harder to act on; a pattern (loud music every Friday night at 11 p.m., or barking every morning at 6 a.m.) gives your landlord and police a reason to intervene. Take photos or video of the time on your phone or clock to prove when the noise occurred.
If the noise is happening right now, you can also call the non-emergency police line and report it as a noise complaint. Police will not always respond, but if they do and find a violation, they can issue a citation. This creates an official record that your landlord may need to see.
What to do when your neighbour is violating the noise ordinance
Start by contacting your landlord in writing — email is best because it creates a record. Describe the noise, when it happens, and how long it has been going on. Attach your log if you have one. Ask the landlord to enforce the lease and the ordinance by speaking to the neighbour or taking action.
Your landlord is legally required to respond to noise complaints in most places. The lease gives the landlord the power to enforce quiet enjoyment, and the ordinance gives the city the power to fine or cite the neighbour. If your landlord ignores your complaint, you have options: you can call police yourself, file a complaint with your city's code enforcement or police department, or contact your local housing authority.
Some jurisdictions allow tenants to break a lease if the landlord fails to enforce quiet enjoyment after a reasonable period (usually 30 days). Before you break the lease, send your landlord a written notice saying you are giving them a final chance to address the problem, and that you will consider the lease broken if they do not respond within a set time. Keep a copy of this notice.
When to call police and what to expect
You can call the non-emergency police line to report a noise violation at any time. Police will ask you to describe the noise, the location, and how long it has been happening. They may or may not respond — response times and enforcement vary widely by city and by how busy police are.
If police do respond and find a violation, they can issue a citation to the person making the noise. This is a fine, not an arrest. The citation creates an official record that your landlord can use to justify eviction if the noise continues. If the same person receives multiple citations, the case becomes stronger.
Police response to noise complaints is inconsistent. Some cities prioritize it; others do not. If police do not respond or do not take action, that does not mean you have no recourse — you still have the landlord enforcement route and the code enforcement route.
Breaking your lease if the landlord will not enforce quiet enjoyment
If your landlord ignores repeated complaints about noise and does nothing to stop the violation, you may have the right to break your lease without penalty in many states. This is called constructive eviction — the idea that the landlord has made the apartment uninhabitable by failing to enforce the tenant's right to quiet enjoyment.
To use this route, you must first give your landlord written notice that the problem exists, that you have asked them to fix it, and that you will consider the lease broken if they do not respond within a reasonable time (usually 30 days). Send this notice by email or certified mail so you have proof of delivery. Keep a copy.
After the important date passes with no action, you can move out and stop paying rent. This is risky — your landlord may try to evict you for non-payment, and you will have to prove in court that they failed their duty to enforce quiet enjoyment. Document everything: your original complaints, the landlord's response (or lack of it), police reports, your log of noise incidents, and the written notice you sent. A lawyer can help you decide if this is the right move in your situation.
What happens if you are the one making excessive noise
If your landlord or neighbours complain about noise you are making, the same rules explore in reverse. Your lease and the city ordinance set the limits. If you violate them repeatedly, your landlord can issue a notice to cure (fix the problem) or quit (leave). If you do not stop, the landlord can begin eviction proceedings.
Police can also cite you for a noise violation, which creates a record. Multiple citations strengthen your landlord's case for eviction. Even a single citation can be grounds for lease termination if your lease says so.
If you receive a complaint, take it seriously. Stop the behaviour, apologize to your neighbours if appropriate, and keep a record that you have corrected the problem. If you are cited by police, the fine is usually between $50 and $500 depending on your city, and you may have the option to attend a hearing to contest it.
Frequently Asked Questions
What decibel level is considered excessive noise in an apartment?
Most city ordinances set nighttime limits between 45 and 55 decibels and daytime limits between 55 and 70 decibels, but the exact number depends on your city. Check your local noise ordinance online or call your city clerk. A normal conversation is about 60 decibels; loud music or a party is 85 to 100 or higher.
Can my landlord evict me for noise complaints?
Yes. If you violate the lease noise clause or the city ordinance repeatedly, your landlord can issue a notice to cure or quit, and then file for eviction if you do not stop. Police citations for noise violations strengthen the landlord's case. Document that you have stopped the behaviour if you want to contest an eviction.
What if my landlord does not respond to my noise complaint?
Send a written notice (email or certified mail) giving the landlord 30 days to address the problem. If they do not, you can call police to report the noise violation yourself, file a complaint with your city's code enforcement office, or contact your local housing authority. In some states, repeated landlord failure to enforce quiet enjoyment may let you break the lease.
Can I record my neighbour's noise as evidence?
Yes, you can record audio in your own apartment. This is legal in most states because you own or rent the space. A short recording of the noise, with the time and date visible, is useful evidence for your landlord and police. Do not record inside your neighbour's unit or through their walls.
Is a single loud party grounds for eviction?
Probably not. Eviction usually requires a pattern of violations, not a single incident. Your landlord will want to see repeated complaints over time. However, a single very loud party that police cite can be the start of a record. If it happens again, the case for eviction becomes stronger.