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Minnesota State Law Library

Neighbor Law

Regulatory Agencies

Rental Agreements and Restrictive Covenants

If you live in a planned community or rent an apartment, you have extra remedies that may be available to you besides the town noise ordinances

Rentals:  You may wish to take a look at your lease agreement containing the clause entitled "Quiet Enjoyment."  If the tenant is being too noisy (their stereo is keeping you up all night, etc.,) they may be in violation of the lease agreement and that my be grounds for eviction.  Speaking to your landlord, whether this clause exists in your lease or not, is a common first step in solving the problem.

Planned Communities:  When you buy a condo or a house in a planned community, the deed often contains restrictions called restrictive covenants.  Restrictions against excessive noise are quite common.  The restrictions apply to you, your neighbors, and any tenants who are renting.  What's more, they place the responsibility for the tenant's actions on the owner.  In planned communities and condos, the right to enforce the rules is usually placed in the hands of a residents' committee.  Consulting either party provides another possible step to take before calling in the law.

Source:  Neighbor Law, 7th Edition (pp. 37-38)

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