Is my landlord responsible for Airplane Noise Reduction Noise? I live in a rental home close to an airport.


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Question:

Does my landlord have to have to take noise reduction measures since the place I rent has substantial airplane noise from the airport nearby?

 

Answer:

Airplane noise is defined as sound produced by any aircraft or its components, during various phases of a flight, on the ground while parked, while taxiing, on run-up from propeller and jet exhaust, during take off, underneath and lateral to departure and arrival paths, over-flying while en route or during landing.

The Federal Aviation Administration (FAA) has the authority to set noise limitations for new aircraft and to order equipment that would reduce noise of existing aircraft. In the 1980s, the U.S. Congress authorized the FAA to devise programs to insulate homes near airports. Although this does not address the external noise, the program has been effective for residential interiors.

If you have an airplane noise complaint within the United States, the FAA has set procedures for the public to follow for filing complaints.

Landlords are generally held legally responsible for tenant-created noise disturbances.  A continuous barrage of excessive noise is a breach of the warranty of habitability, a implied promise by the landlord that your rental unit will stay livable, usable, and safe.  In order to qualify as a violation of the warranty of habitability, the noise must interfere with your normal activities such as conversation, listening to a radio or sleeping at night. 

Moving forward, please consult with an Aviation Lawyer and/or Real Estate Lawyer to determine the proper steps to take to resolve your case.

This article is provided for informational purposes only. If you need legal advice or representation,
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