Hi Mark. In this case, documenting everything is key. It’s important to keep a record of the complaints from your neighbor and the conversations you’ve had with your tenant about the noise. Having that documentation will help protect you if you decide to go down the route of non-renewal or lease changes.
As for whether you can ask them to move out just because of the noise, it depends on your state’s laws. Some states have “just cause” rules for lease non-renewals, meaning you would need a specific reason. Noise can be a valid reason if it’s a repeated issue, so documenting everything really helps.
If you’re open to it, you could consider adding noise restrictions in the renewal agreement—things like requiring rugs or carpets to help reduce the noise, which might be a simple fix. I know it might feel a bit awkward, but it could be a good way to try to get ahead of the issue before it becomes worse. However, some states do allow tenants to challenge “unreasonable” lease changes, so just be mindful of that.
If you’re still not able to come to an agreement, and you’re feeling like you can’t continue with the lease, you could explore the option of rent increases to encourage them to move out. It’s not the most pleasant route, but it’s something you could consider.
We get that it’s hard to ask someone to move out, especially when they’ve got little ones, but balancing the needs of all your tenants is important too. Hopefully, a solution can be found that works for everyone! Good luck!
Do you have language around renewals in your lease? Normally you can just send them a notice of non-renewal within whatever time frame is indicated on your lease and then just allow the lease to terminate naturally.
