Is it possible to get a roommate evicted for noise disturbance in a rental home?

Although landlord and tenant laws vary between local, county and state jurisdictions, in general courts read a covenant of quiet enjoyment into every rental agreement between a landlord and a tenant.  As a renter, you have the right to the peaceful and quiet enjoyment of your leased premises regardless of whether the rental agreement contains such an express statement.    Under your rental contract, your landlord has a duty to ensure that the premises are peaceful and quiet.  You seem to have already given your landlord notice of your neighbor’s excessive noise.  If you have not already done so, you should document the instances of loud music with as much specificity as possible and submit a written complaint to your landlord that states the different ways in which your neighbor’s conduct interferes with your use and enjoyment of your home.

Of course, you can suggest to your landlord that s/he solve the problem by evicting the other tenant from the premises. However, under landlord and tenant law, your remedy must be obtained from your landlord, not from your noisy neighbor.  You should consult with a qualified attorney to discuss possible remedies available to you for a violation of your rental agreement of this nature.

In general, you can cease to pay rent until the problem is solved, or you can move away of the property before the expiration of the lease.  If your landlord fails to make your neighbor end the disturbances, and the disturbances seriously interferes with your use and enjoyment of your home, under the law you could be justified in abandoning the premises and will have no further obligation to pay rent.   If the court finds that your landlord has breached the covenant of quiet enjoyment and thereby “constructively evicted” you, s/he may be required to compensate you for moving expenses, attorney's fees, and other expenses resulting from the constructive eviction.  However, if the court decides there was no breach, you will be liable for any rent owing under the agreement as well as the above-described expenses.