Reference no: EM133314155

Question: You own a house and rent it to Party Boy Floyd, the lead singer in a local heavy metal rock and roll band. He signs a 2 year written lease. Although the lease is in writing, its only one page - in short, it basically just identifies the property, the amount of the rent, the term of the lease, and when rent payments are due. Party Boy Floyd moves in, and he pays his rent on time. One night you get a call from the person living next door to your rental property being rented by Party Boy Floyd. Your neighbor, Sister Mary Frances, complains that there is loud noise and music coming from your property. Apparently, Party Boy Floyd and his band have been using the house as a rehearsal studio. Sister Mary Frances tells you that every night from 10pm until 2 or 3am, the music emulating from the house is so loud she cannot sleep. She berates and admonishes you for renting the house to someone named "Party Boy Floyd" and she says if it does not stop she is going to call the police. You tell her that you will take care of it, and you call Party Boy Floyd on his cell phone. He answers and you explain the situation to him, but he says "what's the big deal 'Bro' I pay my rent on time - you get your money, so why do you care." You then jump into your car, and drive over to the house. As you walk up, the front door is open, and you see that the inside of the house is "trashed" - there are holes in the wall, spray paint on the walls, the carpet is torn, and there is about 20 people in the living room. Again, you talk to Party Boy Floyd about the issues, but he again just tells you "its all good 'Bro,' I pay my rent on time." He also states that the lease he signed does not specifically prohibit him from playing music and rehearsing with his band on the property. In fact, he says its his "First Amendment constitutional right" to play music and "enjoy" his friends at the property; and as he finishes his beer and throws the empty can into the bushes he exclaims: "if you didn't want me to play loud music and have band practice in the property, you should have put that in the lease." He turns toward the front door - says "party on Bro" and walks back into the house.

a. In light of the forgoing, explain what you can do in this situation. If the lease does not address the playing of music, etc., and he pays his rent on time, do you have any other recourse against Party Boy Floyd to potentially evict him from the property? Explain in detail your answer.

b. Party Boy Floyd says he has a constitutional right to play his music in the house. Is he right? Are you, as the landlord, violating Party Boy Floyd's First Amendment Right of Free Speech by prohibiting him from playing his music loud? Answer the question, and explain why or why not.