Featured Neighbor of the Day: The Noisy Neighbor
October 10th, 2008Here at RottenNeighbor, we’ve heard our fair share of noisy neighbor complaints. In fact, we’ll even go out on a limb and say that noisy neighbors are probably the top neighbor complaint on the site. Keeping that in mind, we scoured the internet for some tips to help you out the next time it’s 3 am and your neighbor decides to let you know just how much they enjoy techno music. Check out the tips below before you pound on their door.
1. Talk to your neighbor.
Talk to your neighbor and try to resolve your differences in person. It’s hard to believe, but sometimes neighbors are not aware that they are causing a disturbance. Even if you’re ready to punch somebody’s lights out, try a little sugar instead. It can also be helpful if you’ve established a relationship with your neighbor beforehand. It may help the complaint feel less like an attack.
2. Keep a copy of your local ordinance.
Get a copy of your local noise laws. Most cities and counties have ordinances that control the times, types and loudness of noise. For example, many local ordinances prohibit unreasonable vehicle noise (like honking the car horn early every morning for a carpool) or dogs barking all night long every night. Noisy neighbors are in for a warning or even a fine. You can look up your local ordinance at city hall, a public law library or the public library. Make a copy for your neighbor and yourself.
3. Warn your neighbor in writing.
If things don’t improve, ask your neighbor again — this time in writing — to quiet down. Don’t make threats, but state that if the situation doesn’t improve you’ll be forced to notify the authorities. Enclose a copy of the noise ordinance. Keep a copy of your letter; you’ll need it if you have to sue as a last resort.
4. Try mediation.
Most cities offer free or low-cost mediation services, which means they provide an impartial mediator who will sit down with you and your neighbor and try to help you resolve your differences.
Just call the mediation service; someone there will contact the neighbor and suggest mediation. (These people are very good at convincing others to give mediation a chance.)
5. Call the police.
If you have done all of the above and your neighbor has responded by turning up the volume, now is the time to call the police (or the Animal Control officer if the problem is a barking dog). Try to get the police to come while the noise is occurring.
Of course, you can call the police on a noisy neighbor the first time the music gets too loud for your taste. But the police will be more sympathetic to your situation if they see that you have tried to solve the problem on your own.
6. If all else fails, sue for nuisance.
You can get your neighbor’s attention-and maybe some money-by suing in small claims court. You can sue your neighbor for nuisance if your neighbor’s noise unreasonably interferes with your enjoyment of your property. In the lawsuit, you ask for money to compensate you for the interference with your right to peacefully enjoy your home.
Small claims court is easy and inexpensive, and you don’t need a lawyer. You will need to show the following:
* There is excessive and disturbing noise.
* Your enjoyment of your property is diminished.
* You have asked the person to stop the noise (your letter should be enough to prove this).
To prove your case, you can use police reports, witnesses, recordings, your own testimony and the testimony of neighbors or other witnesses.
The amount you’ll want to ask for will depend on how much the noise bothered you. Did you lose sleep? Were you unable to carry on your usual activities, such as reading, playing music or talking to friends? Decide on a reasonable dollar amount per day, and multiply that figure by the number of days you’ve been seriously bothered. The amount of money you can ask for in small claims court is limited, between $2,000 and $5,000 in most states.
But what if you’re a tenant?
When you share walls with the insensitive neighbor, the problem is especially annoying. The good news for renters is that, in addition to all your other options, you have built-in allies in the battle to keep your apartment livable: your lease or rental agreement and your landlord.
Remember the lease or rental agreement you signed? Chances are your neighbor signed one too. Standard leases and rental agreements contain clauses that entitle you to “quiet enjoyment” of your home. A neighbor who is blasting the stereo in an unreasonable manner is probably violating the lease or rental agreement and can be evicted for doing so.
If you warn your neighbor about the noise in writing and are sure that your lease entitles you to a reasonable amount of quiet, send a copy of the lease along with your letter. In your letter, tell the neighbor that the next complaint will be to the landlord or neighborhood association if the noise continues.
If warning your neighbor doesn’t work, go to your landlord. Most tenants don’t like to complain to the landlord or manager about unreasonable noise or other nuisances because they are afraid of being branded as troublemakers. But other neighbors are probably bothered by the noise too. Get together with them and complain to the landlord as a group. It’s easier and you might get faster results. Most landlords don’t want arguments between tenants and won’t put up with tenants who cause trouble by ignoring signed lease or rental agreements. Your landlord will probably tell the noisy tenant to pipe down or face eviction.
–Adapted from www.tenant.net
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