Noisy Neighbors

Sherrie Bennett

Is your neighbor blasting his stereo at 3 a.m.? Does your neighbor's dog start barking five minutes after she pulls out of her driveway at 6 a.m.? Noisy neighbors can wreck your sleep and make you grumpy during your waking hours. What can you legally do to make it stop?

For starters, retaliation is not the answer. Tit-for-tat revenge will only make the situation worse, and probably spur your neighbor on to new noise levels. So resist the temptation to see how loud your stereo will go.

Talk To Your Neighbor First

Your neighbor may have no idea how loud the stereo or squeaky bed might seem to you, or that you can even hear anything coming from her place. Many dog owners are blissfully unaware of the ruckus their pets make while they're away. So talk to your neighbor about the noise level problem, going into as much detail as possible.

Making a specific suggestion for remedying the problem may also be helpful. Maybe you and your neighbor can agree that neither of you will play your stereos past 10 p.m. on weeknights. Or perhaps you could suggest that your neighbor's pet be kept indoors while she is away, so that any barking won't disturb others.

Check Out Your Local Noise Ordinances

If the noise continues, you'll want to get a copy of your local noise ordinances, usually available at a nearby library or city hall. Most noise ordinances limit the decibel level of noise and restrict the time of day or night when noise can occur.

Recruit Co-Sufferers

You may want to check with other neighbors to see if they are also disturbed by the noise. If so, they might be happy to join forces to put a stop to the annoyance.

Put Your Complaint In Writing

Write a tactful but precise letter to your neighbor, describing the problem (including dates and times of the noise), and details of your previous conversation(s) asking that the noise stop or tone down. Suggest in the letter that if the noise doesn't stop, you'll be forced to call the police or start a lawsuit. Enclose a copy of the noise ordinance with the letter. You'll want to include the signatures of other neighbors who are also affected by the noise.

If you are renting, your and your neighbors can write to the landlord to complain. Most landlords don't want to risk losing many tenants while keeping a noisy one.

If you belong to a homeowners' or condo association, there may be bylaws or covenants which the association can enforce against the noisy neighbor.

Try Mediation

There are dispute resolution services in your local community that specialize in neutralizing neighborhood disputes. While there's no guarantee your neighbor will cooperate and you can reach an agreement, it's certainly worth a try.

Calling the Police

If nothing else has worked, you always have the option of calling the police while the noise is occurring. The police may simply warn your neighbor to start with, but later issue a ticket or summons should the noise continue.

Small Claims Court

If everything else fails, you can take your neighbor to small claims court. You'll likely have to prove that the noise is excessive to the point of being what's a called a "nuisance" (for instance, that it exceeds the decibel levels allowed under local ordinances). You'll also need to show the steps you've taken to try to stop the disturbances (here's where copies of your letter to the neighbor come in handy).

Other neighbors can also be witnesses regarding the noise type and level.

You may be able to collect money from your neighbor if you can prove you've been harmed in a specific way (for instance, you lost a business contract because of the noise). But in any event, you should get a legal ruling that the noise must stop.

Regardless of the approach you take, the more tactful you are, the more likely you'll be to come to a livable solution to the problem and get along with your neighbor in the future.