If you are having problems with noisy neighbors, there are steps that you can take to resolve the issue. Many times, the neighbors do not know that they are causing a disturbance and the first of the steps outlined below may resolve the issue.
Document the Disturbance
When your neighbors make too much noise, you should document the times and dates that it occurs. You should also keep a list all efforts that you make to resolve the problem, including keeping a copy of the letter or other documents, if any, that you send to them.
Communicate With Your Neighbors
The first step that you should take is to talk with your neighbor. Bring housewarming cookies and let them know about the problem. You should show them respect rather than anger. If that does not work or, due to their attitude, you cannot talk to them, send them a letter. You should enclose a copy of your local noise ordinance if there is one or, if you live in a planned community, a copy of your Covenants, Conditions and Restrictions. In the letter, outline the days and times that the noise has disturbed you and ask that they keep the noise down. Let them know that while you would prefer not to, you will notify the authorities if the disturbance continues. Hopefully, this step will resolve the issue to your satisfaction. If it does not and you live in a planned community, send a copy of your letter to the Home Owners Association, HOA. The HOA should then step in to resolve the issue.
Call the Police
If talking to your neighbors does not resolve the issue, you can call the police and report the problem. You should contact them while the noise is occurring so that they can hear it for themselves. Be sure to document the date and time that you notified the police, their response to the situation, and a copy of the police report.
File a Lawsuit
If the above steps do not resolve the problem, you may want to consider filing a nuisance lawsuit in civil court. Generally, if the noise interferes with your right to “quiet enjoyment” of your home, you can file a suit in small claims court. When you file the lawsuit, in addition to requesting that the court order them to stop the noise, you may include damages, meaning a monetary amount, that will adequately compensate you for the disturbance you suffered. You will need to check with the small claims court or an attorney in your state to determine the monetary amounts that can be awarded in that particular court. Generally, there is a minimum and a maximum amount that can be requested.
You do not generally need, and in some states cannot have, an attorney to represent you in small claims court. In order to succeed in your lawsuit, you must show that there is excessive noise that disturbs you, that the person you are suing is creating or responsible for that noise, that your right to “quiet enjoyment” has been breached, and that you have asked the person to stop. The documentation that you have maintained during the course of attempting to resolve the problem should be submitted to the court along with your petition. You may also use testimony from you and any witnesses that you have, recordings, and your police report.
Note that this information does not constitute legal advice. If you believe that you need to file a lawsuit, you may want to consider consulting an attorney before doing so.
If you are considering purchasing a home, you should hire a reputable LGBT real estate agent who can assist you through every aspect of finding and purchasing your new property with acoustic panels to prevent the noise. He or she can also give you guidance on how to avoid purchasing a home next to neighbors who are disruptive. To locate a professional agent in your area, conduct a search at GayRealEstate.com.
