Rental property managers, do you have any of the following problems? Frequent complaints of footsteps from tenants on the floor above, tenants arguing over the volume of the TV late at night, or being asked to move out due to the sound of a piano.
In the rental property market, how to deal with noise problems is one of the most annoying problems for property managers. Due to the structure of Japanese housing, sound travels easily, especially in apartments and condominiums, and noise problems between tenants are not uncommon. The perception of noise is subjective, and some people may not be "bothered" by the same sound, while others may find it "unbearable," making it a difficult problem to deal with.
Especially for owners who manage their own properties, noise problems can be a big burden. This is because they are required to listen to the arguments of both parties fairly, propose appropriate solutions, and in some cases, make decisions from a legal perspective.
In this article, we will explain the reality of noise problems caused by neighboring rooms and residents, the difficulties that self-managing owners face, and the specific benefits of outsourcing to a management company. We will propose measures to realize stable rental management while maintaining tenant satisfaction.
Case study of Mr. Sato (company employee in his 50s), who independently manages an apartment (2-story wooden building, 8 rooms in total) in Tokyo.
In a wooden apartment owned by Mr. Sato, an elderly resident living on the first floor complained that he could not sleep because of the noisy footsteps of the resident on the second floor. When Mr. Sato explained the situation to the tenants on the second floor (a young couple), they replied that they were just living a normal life and were not jumping around in any particular way.
However, the first-floor tenant continued to complain, and Ms. Sato repeatedly went back and forth between the two tenants to explain the situation and persuade them to move out. The tenant on the first floor began to "pound on the ceiling at night.
Since it was impossible to objectively determine the existence of the noise, and both sides had their points of view, Ms. Sato was placed in the difficult position of "which side to side with. In the end, the tenant on the first floor had to move out because of the "health hazard," and was also charged a cancellation penalty.
Case study of Mr. Tanaka (60s, self-employed), owner of a used condominium (10 units) in Kanagawa Prefecture
In Mr. Tanaka's condominium, a problem occurred between the tenants in the adjacent rooms 201 and 202: a single woman in room 202 complained that she could not sleep because the resident in room 201 was listening to music or watching TV loudly late at night.
When Ms. Tanaka warned the resident of Room 201 (a young male), he countered that he did not make such loud noises. To check the situation, Mr. Tanaka himself went to the site at night. Although he could indeed hear the noise, he judged that it was not so loud that it could be called "noise," but rather at the level of general household noises.
However, the occupant of Room 202 continued to demand improvements, claiming that he had a sound-sensitive constitution and could not sleep at the slightest noise. Mr. Tanaka was caught between the two sides, and after agonizing over what action to take, he suggested installing soundproof curtains in Room 202, but was rebuffed, saying, "That should be done by the person who is making the noise.
In the end, Ms. Tanaka asked for evidence of the sound to be recorded, but was unable to obtain objective evidence, resulting in a worsening of the relationship between both tenants.
Case of Mr. Yamamoto (55s, former company employee), owner of a condominium (3 stories, 18 units) in Osaka Prefecture
In Mr. Yamamoto's condominium, a problem arose when a new second-floor resident (a music college student) was practicing his violin in his room. At first, the resident directly below on the first floor complained, but gradually, several residents began to complain that they could not stand the sound of daily practice.
There was no special provision such as "no musical instrument playing" in the contract with the resident in question, and Mr. Yamamoto had a difficult time dealing with the situation. He suggested that the performers limit their practice hours (until 6:00 p.m. on weekdays and from 10:00 a.m. to 5:00 p.m. on weekends), but it was difficult to find a compromise because it was essential for the music students to secure practice time.
Mr. Yamamoto consulted a specialist and considered soundproofing the rooms, but decided that large-scale soundproofing work in a rental property would be impractical and difficult in terms of cost-effectiveness. In the end, several tenants notified Mr. Yamamoto that they would move out if the noise problem was not resolved, and he asked the music students to move out. This resulted in an emotional confrontation with the music students, and an amicable resolution was not reached.
When dealing with noise problems, self-managed owners face the following risks and limitations
The greatest difficulty in dealing with noise problems is the difficulty in objectively judging noise:
A major challenge faced by self-management owners is to make a neutral decision while listening to both sides of the argument. If you respond in a way that puts one side on the side of the other, you risk worsening the relationship with the other tenant.
Noise issues may also require judgment from a legal perspective:
| Legal Aspects | Difficulty in judgment | Challenges for self-managed owners |
|---|---|---|
| Judgment of Acceptable Limit | How much is normal noise and how much is noise? | Difficult to judge without specialized legal knowledge |
| Whether or not to terminate the contract | Under what conditions is it possible to terminate the contract? | There is a legal risk of easy judgment |
| Liability for compensation | Where the responsibility lies in case of health hazard caused by noise | Unclear scope of owner's own responsibility |
| Response to mediation and lawsuits | Response in the event of legal action | Difficult to deal with without professional support |
Of particular importance is the concept of "limits of acceptance. According to judicial precedents, a certain level of noise in an apartment complex should be accepted, while excessive noise may be considered a tort. This line is very difficult to draw and can be a significant burden for self-managed owners.
In order to propose an effective noise solution, the following expertise is needed
It is difficult to expect such expertise from a self-managed owner, and the inability to propose effective solutions risks prolonging or exacerbating the problem.
Noise problems are extremely sensitive and can easily become emotional:
Self-managed owners are closer to tenants, so they are more likely to become emotionally involved, making it difficult to make objective decisions Self-managed owner-tenant relationship difficulties.
By outsourcing to a management company, the following specific advantages can be obtained in dealing with noise problems.
The greatest advantage of a management company is its position as a third party in the arbitration of tenant noise problems:
The management company has experience in dealing with many noise problems and knows how to respond effectively. In addition, by acting as an intermediary, the management company can prevent the deterioration of the relationship between the owner and the tenants and maintain the reputation of the property.
The management company will handle noise problems through the following systematic process:
Fact-finding and situation assessment:
Phased approach:
Proposal and implementation of solutions:
Management companies know what interventions are effective from their experience in handling numerous similar cases. They can also apply best practices from properties with similar structures.
In order to solve noise problems, appropriate measures must be taken according to the structure of the building and the type of noise:
| Type of noise | Main propagation paths | Effective countermeasures | Support from the management company |
|---|---|---|---|
| Footsteps from the floor | Solid propagation noise | Installation of soundproof carpets and floor mats | Optimal product selection and installation advice |
| Household noise through walls | Air-borne sound | Sound-absorbing panels and furniture placement | Suggestion of effective installation locations and methods |
| Facility noise (water, air conditioner, etc.) | Solid and airborne sound propagation | Vibration isolation measures and time-of-use adjustment | Introduction of specialist contractors and determination of appropriate countermeasure costs |
| Noise from musical instruments | Complex | Introduction of soundproof rooms, time limits, and performance spaces | Proposal of professional soundproofing measures and alternative solutions |
Management companies have this expertise and can propose effective and cost-effective countermeasures. If necessary, we can also introduce specialist contractors and judge the appropriateness of their quotations.
The management company has legal knowledge of noise problems and can make appropriate judgments and responses:
In particular, there are strict conditions for "contract termination due to noise," and an easy decision can lead to legal risks. Management companies have expertise in the conditions and procedures for contract termination, and can take action to minimize problems.
Management companies also provide preventive measures to prevent noise problems:
These preventive approaches can reduce the occurrence of noise problems. In addition, even if a problem should occur, the foundation is laid for an early resolution by taking measures in advance.
Here are some important points for choosing a management company that is strong in dealing with noise problems.
The most important factor to consider when choosing a management company is its track record in dealing with noise problems:
During the interview, it is advisable to ask questions such as "how we solved noise problems in the past," "how long it took to solve the problem," and "specific intervention methods.
A management company's communication skills are key in noise issues:
In actual cases, the speed of initial response is an important factor in preventing problems from escalating to a larger scale. Check specifically what kind of system is in place for emergency response.
Check the transparency and specificity of the management company's trouble resolution process:
Of particular importance is a "backup plan in case of failure to resolve the problem. Flexibility and experience in handling any situation are decisive factors in choosing a management company.
A good management company emphasizes preventative efforts as well as dealing with problems after they occur:
Preventive efforts will reduce the incidence of noise problems and improve the overall living environment of the property. It is advisable to check specifically what preventive measures are being taken.
Noise problems caused by neighbors and residents are one of the most difficult problems to deal with in rental management. It can easily develop into an emotional conflict, and the owner can easily find themselves caught between a rock and a hard place. Self-management often has limitations in maintaining a neutral position, making decisions from a legal perspective, and proposing effective solutions.
The benefits of outsourcing to a management company are manifold:
Appropriate response to noise problems will lead to higher tenant satisfaction, lower eviction rates, and maintenance and improvement of the property's reputation. By outsourcing to a management company with professional knowledge and experience, it will be possible to achieve stable rental management while reducing the owner's own mental burden.
A: The first and most important step is to ascertain the facts and understand the situation. We recommend taking the following steps
A management company can handle this initial response calmly and neutrally, and sort out the facts while preventing emotional confrontation between the two parties. In addition, we can also make decisions based on our professional knowledge of the legal aspects of noise issues.
A: It is possible to terminate a contract or forcibly evict a tenant due to noise if certain conditions are met, but legal decisions must be made with caution:
According to judicial precedents, termination of a contract is allowed in cases where the behavior is deemed to be "so severe as to destroy the relationship of trust," but this is a very difficult decision to make.
A: Effective measures vary depending on the type of noise . The main ones are:
Measures against footsteps from the floor:
Measures against household noise through walls:
Special noise (musical instruments, etc.) countermeasures:
The management company can propose the most appropriate countermeasures according to the nature of the noise and the structure of the building, and will also arrange for specialized contractors if necessary.
A: The basic concept is as follows
In practice, the owner often bears some of the costs for early resolution. For example, soundproofing mats may be provided, or subsidies for installing double-paned windows may be considered. Management companies can propose appropriate cost-sharing based on their experience with similar cases and come up with a solution that is acceptable to both parties.
A: It is important to make a comprehensive judgment based on the following points, rather than giving priority unconditionally to one or the other
Basically, it is important to strike a balance between "controlling noise generation as much as possible" and "allowing a certain level of household noise. Management companies have the ability to properly judge this balance and find a compromise that is acceptable to both parties based on their experience in handling many cases.
Noise problems are one of the most frequent and most difficult problems to resolve in rental management. It tends to develop into an emotional confrontation between tenants and is a major burden for self-management owners.
INA & Associates, Inc. offers free consultation services based on our many years of experience and expertise. Please feel free to contact us.