Bad neighbors come in all shapes, colors and sizes. He may be the chain-smoking retiree whose smoke seeps into your apartment. She may be the business executive living next door who refuses to share the cost of replacing the fence you share. They may be the young couple down the block who love entertaining but fill your street with their guests' cars. He may be the aspiring mechanic across the street who parks vehicles in various states of repair in his yard. They may be the students upstairs who blast music in the middle of the night.

Any number of conditions can lead to disputes between neighbors. In some instances, neighbors may break the law, the rules of their lease or the rules of the homeowners' association. In other instances, your neighbor's actions may not specifically break a specific law or rule. However, they may diminish the value of your home or your ability to relax. Whatever the dispute, there are legal and nonlegal steps you can take to try to resolve the issue.

Resolving a Dispute

Resolving a dispute with your neighbor can be challenging. On one hand, you want to fix the problem. On the other, you probably want to maintain a good relationship with your neighbor. It can create an uncomfortable situation if your attempts to resolve the dispute actually make it worse.

Carefully consider the consequences of your actions as you attempt to resolve the problem. Put yourself in your neighbor's shoes. Most people will appreciate you addressing the problem in person rather than going straight to the police, landlord or homeowners' association.

Nonlegal Remedies

When a problem first occurs, try to resolve it by approaching your neighbor in a friendly, nonconfrontational manner.

Get to know the neighbors. Once you've established a personal relationship, they're more likely to consider your feelings before acting in a disruptive way. For example, if the students upstairs know that you have a baby who's just starting to sleep through the night, they may think twice before turning on the music late in the evening.

Approach your neighbors, and discuss the issue with them. Many people act without thinking. There's a good chance that your neighbors aren't deliberately trying to disturb you. They may even be unhappy to learn that they're causing problems for you. Calmly approach your neighbors, explain the problem and suggest a possible solution. For example, "When you smoke in your kitchen, the smell seeps into my bedroom through the shared wall. Could you limit your smoking to other rooms in the house?"

Write a letter to your neighbor describing the nature of the problem and a solution. If you're reluctant to talk to your neighbor in person, a letter may be the best way to address the issue. Assuming the person reads the letter, this approach guarantees you'll be able to make your point and stay on topic. In addition, remember to accept responsibility for any role you may have in creating the problem or making it worse.

Legal Solutions

If you've discussed the problem with your neighbor but are unable to reach a mutually acceptable solution, it may be time to take more aggressive steps to remedy the situation.

Track the nature and details of the problem. Make notes about each specific event. Try to include details such as the date and time that it occurred, how long it lasted and how the issue was resolved. This log will be useful in addressing the problem.

Research local ordinances, your lease and homeowners' association documents. Attempt to find out if any laws or rules are being broken. If your neighbor is presumably breaking terms of the lease, discuss the problem with your landlord. If the person is violating homeowners' association rules, speak to the board of directors or the property manager. If the person is possibly breaking the law, contact your local police department, city representative or mayor's office.

Suggest mediation to handle the dispute. Mediation is a voluntary and confidential process that uses an impartial third party who helps people reach a mutually agreeable solution. Some communities have created mediation groups that specialize in helping to resolve disputes between neighbors.

Talk to a lawyer about any possible legal solution. An attorney may be able to help direct you to the best possible solution to your problems. In many instances, a letter written by your attorney may be the most effective way of resolving a dispute with your neighbor.

An attorney can also assess the likelihood that you'd win a court case if you decide to file a lawsuit against your neighbor. It's important to remember that a court case can be expensive and take a long time to resolve an issue. However, it may be your only option in certain situations.

Questions for Your Attorney

  • What can I do if my neighbor won't stop playing loud music late at night?
  • Can I file a lawsuit against my landlord if he doesn't make my neighbor follow the rules of the lease?
  • If I contact the police, will my neighbor find out it was me who told them he was breaking the law?