Can you sue loud neighbors

In some cases, if an individual pursues litigation, the court will order them to first attempt to resolve the issue through mediation. Prior to pursuing any type of legal remedy, an individual may send their neighbor a cease and desist letter for noise complaint.

If possible, the letter should include:. This type of letter should be sent via certified mail with a return receipt requested. This will serve as evidence that the noisy neighbor received the letter.

In order for an individual to succeed in obtaining monetary damages or obtaining a court order to force their noisy neighbor to stop making noise, they will likely be required to show the following:. An individual should check with their local laws or consult with a local attorney if they are unsure of their options. The remedy that an individual should seek will often depend on their situation and the receptiveness of their noisy neighbor.

It is important to remember that the main goal is to ultimately get the noise or loud music to cease. In some noisy neighbor cases, monetary damages may be more effective than an injunction because the noisy neighbor will have to give up something as a result of their actions. This is because if the noisy neighbor does not follow the local noise ordinances, it is likely they may not follow an injunction either.

On the other hand, if the noisy neighbor knows they will be required to pay a fine if they do not cease the offending behavior, they are very likely to stop those disturbances. For the majority of individuals, it is not worth the monetary loss to continue making noise which they can easily stop.

It is essential to have the assistance of a real estate lawyer if you have any issues with a noisy neighbor. Your lawyer can advise you which remedies are available in your area.

Your lawyer can also advise you regarding which remedy will be most likely to resolve your situation. If you do have to file a lawsuit or complaint with the city, your lawyer can represent you any time you are required to appear in court. Jennifer Corbett. Jennifer joined LegalMatch in as a Legal Writer. She holds a J. She is a certified mediator and guardian ad litem. She holds a B. Is there a time when you are ok with your neighbor playing loud music?

If your neighbor is renting the place, you can also try communicating with their landlord to see if that will help. Mediation as an option of resolving your dispute What is mediation? How can I try to mediate the dispute with my neighbor? File a noise complaint with the police Many police departments have special webpages dedicated to reporting noise complaints or "nuisance" complaints as they are very common.

Here are some of the most common types of noise complaints: Loud appliances like tv's or speakers. Barking dogs. Garbage collection trucks. Car alarms.

What happens after I have filed a noise complaint: The police may cite your neighbor with a fine. The police may ask your neighbor to turn off the loud noise.

If the police have received several complaints, they may refer the complaint to the City Attorney's office. The answer is yes, but make sure to save your evidence! Evidence is key to being successfull in small claims. More on evidence below. You must also be able to determine how much you are suing for as you cannot just file the lawsuit to stop your neighbor from being loud.

Many times, these noise complaint lawsuits are settled before the small claims hearing as your neighbor may agree to voluntarily stop being loud since they know you are serious about pursuing your small claims lawsuit. Other times, at the small claims hearing, the judge will push for a settlement between you in your neighbor before deciding on your lawsuit.

For example, the judge will ask your neighbor if they will stop playing their music at all hours of the night and your neighbor will agree. The judge will ask you if you are ok with setting a "compliance date" which means a new hearing in 1 to 2 months where you can come back to small claims court if your neighbor has not stopped being loud. If your neighbor stops being loud, you don't have to come back to the next hearing date.

If your neighbor continues to be loud, then you will need to go back to the next hearing date where the judge will decide your lawsuit and how much you are owed. Benefits of small claims court: Suing in regular court is more expensive, time-consuming, and complicated. You cannot hire an attorney to represent you in small claims court making it cheaper. Hearings in small claims court are scheduled days after the lawsuit is filed. Your neighbor may agree to stop playing loud music without even going to the small claims hearing.

If they agree to stop, you can close the small claims lawsuit. What to do before suing over a noise complaint Save All Evidence of the Noise You want to make sure to save all evidence related to the noise complaint. Here are some examples of evidence to save: Videos or voice notes of the noise. Try to take a video or a voice note each time you hear your neighbors being loud.

You can take the videos from different places of your home. Make sure you save the date, time, location, and who took the video. At the hearing, you can tell the judge you would like to show them the videos of what the noise was like. Keep a noise log.

Take a piece of paper and each time you hear your neighbor making excessive noise, write down the date, time, and a descripton. This would be great to pair with video evidence. Copy of any noise complaints you have filed with the police. You are able to obtain these from your local police departments or they may have already given you a copy. Did you try to noise proof your home?

For example, did you spend money trying to upgrade your windows to try to block out the noise or have a contractor come to your house to see what could be done. Save copies of all your receipts or efforts. Written conversations you have had with your neighbor text messages, emails , etc about the noise. Document the date and time of the occurrences. When possible, file police reports regarding the offensive conduct.

This includes documenting the issue and citing the offending homeowner or renter. Penalties for nuisance behavior could involve fines or suspension of certain rights and privileges of being a member. Your neighbor might be committing a crime.

Certain obnoxious behavior might violate local ordinances. The most common example is loud noise after a certain time at night. Tobener recommends tenants and homeowners be aggressive in collecting evidence against nuisance neighbors, which entails reporting the incidents to the police. Working with other tenants in the building is very helpful as well. If multiple tenants are complaining about a nuisance neighbor, the landlord has to act.

If your neighbor, whether it is a fellow homeowner or tenant, is creating a serious nuisance, you may have the right to file a civil lawsuit. A nuisance can be either private or public. You can file a private nuisance lawsuit for compensation and for an injunction against the nuisance. A public nuisance is an unreasonable or unlawful interference with the general public. 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 car pool 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 at least two copies of it, one for your neighbor and one for yourself.

Enclose a copy of the noise ordinance. 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.