When noise problems arise in rental housing, what legal rights do tenants have? This guide explains the procedures for filing complaints, the legal basis for your rights, and practical solutions.
Reviewed by: Nobuyuki MoriPresident, M-Assets Co., Ltd. / Licensed Real Estate Transaction Specialist (Miyagi #018212)
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Noise is the most common problem in multi-unit residential buildings. According to a Ministry of Land, Infrastructure, Transport and Tourism survey, complaints related to "noise and everyday sounds" account for approximately 30% of all rental housing disputes, and many tenants face this issue.
Noise generally falls into categories such as "footsteps and sounds from the unit above," "conversation and music from neighboring units," "pet noise," and "late-night musical instrument playing." While the response may vary depending on the noise source, the first and most important step is to understand what rights you have as a tenant.
Under civil law, tenants have the right to use rental property "peacefully and safely"—what is known as the right to peaceful enjoyment. This right is legally recognized automatically, even if not explicitly stated in the lease agreement.
When this right to peaceful enjoyment is violated, tenants can take the following steps:
1. Request Action from the Landlord (Property Management Company or Landlord)
The first step should be to request that the property management company or landlord take action to resolve the noise. The landlord has an obligation under Civil Code Article 606 to "maintain the rental property in a condition suitable for use and benefit," so you have a legal basis for requesting appropriate measures.
2. Direct or Indirect Request to the Person Causing Noise
You can request improvement from the person causing the noise either through the property management company or, in some cases, directly. However, since direct negotiation carries the risk of escalating into emotional conflict, communication through the property management company is the standard approach.
3. Consulting with Government Agencies
You can also consult with your municipal environmental department, consumer affairs center, or the human rights consultation window at a local legal affairs bureau.
To file a noise complaint effectively, it is important to follow these steps:
Record the date, time of day, and nature of the noise. We recommend keeping a "noise log." Record the date and time, the type of noise (footsteps, voices, music, etc.), duration, and how it affects you (sleep disruption, work interference, etc.). If possible, use a sound level meter app on your smartphone to record the decibel level, which provides objective evidence.
After organizing your records, report to the property management company or landlord in writing (email is acceptable). Verbal complaints alone can lead to "he said, she said" disputes, so it is important to keep a written record.
Include in your report the dates and times when the noise occurs, how it affects your daily life, and what action you are requesting.
The property management company typically issues a warning notice or speaks directly with the person causing the noise. After action is taken, monitor the situation, and if there is no improvement, file another complaint.
As a guideline for what level of noise constitutes a problem, the Ministry of the Environment has established environmental standards. In residential areas, the standard is 55 decibels or lower during the day (6:00 AM to 10:00 PM) and 45 decibels or lower at night (10:00 PM to 6:00 AM).
However, these are environmental standards only; the standard used in legal proceedings is the "socially tolerable level." Socially tolerable level refers to the limit that an ordinary person can reasonably endure, and it takes into account not only the volume of the noise but also the time of occurrence, persistence, and whether the person causing the noise acted intentionally or negligently.
If the problem does not improve through the property management company, consider the following options:
Real estate industry associations in each prefecture and municipal housing consultation centers offer mediation and conciliation services provided by experts. These services are inexpensive or free and facilitate resolution of disputes that are difficult to settle between the parties themselves through third-party intervention.
If the damage caused by noise is significant, you can file a civil lawsuit to claim damages. However, litigation takes time and money, so it is important to first consult with a lawyer (through the Legal Services Center or bar association) to assess your case.
Additionally, if the noise does not improve and living conditions become untenable, you have the legal right to terminate the lease and move. In such cases, you may be able to claim moving expenses and other damages.
Alongside legal procedures, personal soundproofing measures are also important. By reducing noise impact through soundproofing curtains, soundproofing mats, earplugs, and other measures, you can reduce mental stress while waiting for a resolution.
Additionally, staying calm when filing complaints is the quickest path to resolution. Calmly presenting the facts to the property management company or other party and requesting specific improvements will lead to a smooth resolution.
Noise problems in rental housing can be appropriately addressed based on the tenant's legal right to peaceful enjoyment. The first step is to keep records and seek resolution through the property management company. If the property management company does not respond, consult with government agencies or use mediation services. If problems persist, consider legal action. Remaining calm and building a strong record of evidence is the key to resolving the issue.
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