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At-home Childbirth Raises Rental Issues of Noise and Privacy Robert S. Griswold | Steven R. Kellman | Ted Smith 17-October-1999 Sunday This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on AM1130 - KSDO.com radio, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords. Q: I have just found out, second-hand, that the couple who lives in the apartment directly below me is planning on having natural childbirth in their apartment. They have not spoken to me about it, but have mentioned it to a couple of the other neighbors. Many of the people in our apartment complex are concerned about this situation. Noise carries very easily here. We feel that this could be a potentially intrusive event. Many of us in the building are not particularly friendly with this couple. While this may be a blessed event for them and their friends and family, it is something that the rest of us do not care to share in by being forced to listen to a woman in labor. It seems to us to be a very intimate time and we simply do not care to be drawn into these intimate moments with virtual strangers. I'm sure we sound like insensitive louts to some people. But since we have no personal connection to this couple, we do not feel we should be subjected to the potentially distressing noises associated with the natural home-birthing process. What are the legal rights of both the couple and the rest of the tenants? Are there any restrictions on at-home childbirth in multiunit rental complexes? Does the couple have any obligation to give us official notification of their plans? If tenants are not able to sleep or conduct their normal lives in their homes due to the noise, are we eligible to have our rent pro-rated for loss of use time? A: Griswold: You have a very unusual situation. From a legal standpoint, noise is noise regardless of the cause or source and your landlord must attempt to maintain the "quiet enjoyment" of their premises for all tenants. However, the landlord cannot act upon anticipated noise, only actual noise when (and if) it occurs. In other words, the landlord cannot prevent this couple from planning an at-home childbirth based on perceptions that others will be disturbed. One can reasonably assume that there may be some noise, but other than a reminder about the rules against disturbing neighbors, there is nothing the landlord can do in advance. Of course, the at-home childbirth may be very quiet. However, I do think you should notify your landlord of the situation. The landlord should then bring the concerns to the expectant couple's attention. This couple should take reasonable efforts to minimize any impact on other tenants. From a tenant/landlord point of view, there are no limitations on at-home childbirth other than the noise and there is no requirement that you must be notified. I also believe it would be unreasonable to expect the landlord to reduce your rent as a result of any disturbance. If your landlord is unwilling to address your concerns, then my advice to you is to ask a neighbor who is on good terms with the expectant couple to meet with them. That neighbor could explain the concerns in a straight-forward yet diplomatic approach. Kellman: Childbirth or no, noise is noise. Things should be done in their proper time and place. Having babies is OK, but using the apartment as a hospital may not be OK. Here, such activity may be to the benefit of the new mom, but to the detriment of many neighbors who may not wish to hear the noise. Before home birthing, I would advise getting some preliminary approval from the affected neighbors to avoid problems. Smith: As a landlord's attorney, let me make two suggestions to the complaining resident. First, just relax. After all, you're not the one in labor. Secondly, consider renting a detached, single-family home. You see, life goes on, and in multifamily housing, there are going to be certain sounds and the presence of others in close proximity that you would not have in a detached home. In my opinion, having to endure the sounds of the natural birthing process by your adjacent apartment neighbor will not give you any legal rights whatsoever. First, it does not constitute a breach of the covenant of the quiet enjoyment to excuse you from your lease. Second, by complaining unnecessarily, you could get yourself into legal trouble with your apartment management for frivolous complaints. As long as this is not an ongoing occurrence -- and it can't happen any more than once every nine months -- you are out of luck.