What question did this study set out to answer?

The aim is to explore whether the common-law right to quiet enjoyment should be expanded to ensure peace in homes.

May 14, 2026

Should the common-law right to quiet enjoyment be expanded to a literal right to quiet in one’s home?

Key Points

The aim is to explore whether the common-law right to quiet enjoyment should be expanded to ensure peace in homes.
Analysis of the common-law doctrine of quiet enjoyment and its legislative history.
Examination of noise regulation through municipal nuisance laws.
Discussion on health implications related to noise exposure and sleep disruption.
Establishing that noise levels above 55 decibels during the day can disrupt health and welfare.
Argument for expanding the right to quiet enjoyment to include a literal right against disruptive noise.
Identifying the need for legislative or litigation efforts to broaden noise regulation.

Abstract

The right to quiet enjoyment is a centuries-old common-law doctrine stating that tenants have the right to enjoy a rental property without being disturbed unnecessarily by their landlords. Quiet enjoyment is implied in leases although some states specify this right legislatively. In 1972, the Noise Control Act established a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. Safe noise exposure levels are an average of 55 decibels for daytime noise and 40 decibels for nighttime noise. Unwanted daytime and evening noise from neighbors, dining and entertainment venues, sports activities, construction, factories, transportation, and data centers disrupts thought and concentration, causing unhealthy stress. Nighttime noise disrupts sleep, necessary for good health and daytime function. As noise has been redefined to be unwanted and/or harmful sound, with noise being harmful for living things, the right to quiet enjoyment should be expanded to a literal right to enjoy one's home, whether rented or owned, in peace and quiet. Noise is generally regulated by municipal nuisance laws, so broadening the right to quiet enjoyment will require either legislation or litigation. A quieter world will be a better and healthier world for all.

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