Limit How Landlord Determines When Noise Becomes Nuisance

July 13, 2017
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If your business relies on loud music or other noise to attract customers, the owner of the shopping center where you’re looking to rent space may be concerned with noise disturbance issues. But when drafting lease language to address these disturbances, don’t let the owner make its determinations about whether your noise is disruptive in its “sole discretion.”

Noise issues can be very difficult to negotiate because owners and tenants will have a difference of opinion as to what constitutes loud noise. One way to carve out noise rights that will allow you to operate your business the way you need to is to require the owner to make its determinations “reasonable.” It’s not foolproof, but at least it gives you room to argue with the owner over what is “loud.”

For a model nuisance clause that specifies loudness and gives you adequate notice and cure periods, see “Draft Nuisance Provisions that Prevent Landlord from Limiting Your Operations,” available to subscribers here.