Tenant complaint - need advice

[Brooke Brink]

Hi, I could use some advice and help on this. I have a tenant who moved into a new construction townhome unit of mine. He is now complaining of the traffic noise level at the home. Last month he told me I should have disclosed this information. (Again, new unit - he is the first to live there). Now, he’s asking me to address the noise level. I understand that tenants have a right to quiet enjoyment but what responsibility do I have as a landlord to this external factor?

[Kyle J.]

@Brooke Brink  I agree with the others.  You really have no control over exterior noise like traffic, and if he didn't properly research the surrounding neighborhood conditions that's on him.  That would have been a condition that was obvious to anyone who took the time to look/listen. 

I would also suggest checking your lease to see if perhaps there's a clause you can point to that might cover this (if not, consider adding one).  For example, my lease has the following clause in it:

NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any speed-wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.