Noisy Neighbors
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Noisy Neighbors
Howard Gould (Neighbor Law Expert, Finestone & Richter) gives expert video advice on: How do I know whether my neighbor's noise is breaking the law?; Is there anything I can do about a barking dog?; What can I do to stop my neighbor's noise? and more...
Is there anything I can do about a barking dog?
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How loud is too loud, legally?
It depends on where you live as to how loud you can go. Some places will have a specific noise level, a decibel level that is recognized as the maximum that you can reach. Other places may be just a standard of reasonableness. So you're going to have to look at the law in the community where you live. Again, you're going to want to enlist other people if you can as witnesses, because that's going to be the best evidence. If you have more than one person who says this was really louder than we should have to suffer, you're more likely to succeed,
When is excessive noise allowed?
I think the key word there is excessive. It sort of assumes that the noise is too loud. We really in general run by reasonable standards in many areas of the law. If you have emergencies, for example, no one is going to complain that the siren on an ambulance or a fire truck is too loud because it has a purpose for being that loud. You have to look at the circumstances and what's reasonable under the circumstances in terms of what the noise is. If there's some construction that's going on and they have to jackhammer to do that construction, then even though it's a very loud noise and maybe you can't bear to be in your house, your neighbor may have a right to conduct that during regular construction hours in so long as what they're doing is really construction and not doing it simply to annoy their neighbor.
What can I do to stop my neighbor's noise?
The first step in any neighbor dispute is communicating to the neighbor in the best fashion that you can determine, talk to them. You're going to communicate with them first about their noise problem, and if you can't deal with it in that way, it may be that you're going to call the police and inquire as to how they can help you in your particular circumstance. For example, we are all certainly familiar with situations where there is a loud party next door and it's two in the morning, and the police will come and ask them to quiet down or, depending on what their local laws allow, even end the party. So sometimes you can enlist the police to assist you with particular noise issues like that. On the other hand, if it's a neighbor who is directing noise at you with loud speakers, playing their music loud, doing it on a regular and frequent basis, it may be that you're going to end up going to court, either youself or hiring a lawyer. In fact, I have handled cases like those, one in particular where a neighbor was purposefully directing loud noises and music at his neighbors on a regular basis, and it unfortunatley turned into a long, drawn-out case because the court can give damages and the court can issue an injunction, but enforcing the injunction is not always easy because the only real remedy that you have with that injunction is to put somebody in jail, and judges are hesitant to do that in a neighbor versus neighbor dispute over noise.
What if my neighbor doesn't stop violating the noise laws?
I would certainly call the police if normal types of communication aren't solving the problem. Hopefully the police will get the problem solved. If the police can't get the problem solved then you may well need to go to a civil court, file a lawsuit, get an injunction and also seek damages against the neighbor. You just don't know how far you're going to have to take that to get him to stop the problem. I know of one case where I was involved and I know other lawyers have been involved; this started, it must have been 10 years ago, and I've heard recently that they are still having a problem with this neighbor and the noise that he's causing them.
Tips & Comments
I had a neighbor who lived below me who kept playing loud music until 3-4 a.m. The entire apartment complex complained in various ways... It was impossible to shut these guys up. The police came so many times and it did not help. So I messed with the electrical wiring of the building and cut power to their entire place on demand (via my Android cellphone!). Then the owner of the building found out that someone was playing around with the electrical enclosures. They found a way to lock it down good (talk about being on the bad guy's side!). So I created a micro-robot to shove under the door when no one was home. But it didn't fit under the door... But I got lucky one day. They left a window slightly open. It had a small video feed, a small component I got from a hand-watch (so that the vibration from loud sound waves could charge the tiny battery), a small battery, tiny grinder wheel and a few other things... All I did was hide the robot within their home near the loud sound system they had. Then I would chip away at their wires. I bet they thought they had a rat that didn't like music. Soon after I kept messing with their sound equipment, they decided to move away.
The best thing to do with noisy neighbors is to sound proof your home with quietrock. This is what I am planning to do in a few days.
There is a petition on the number 10 website to change the law: http://petitions.number10.gov.uk/noisy-neighbour/
What if you have 2 toddlers that do the normal running and falling until about 8 or 9 pm and the people below get upset all the time, cn you break your lease agreement?
This is one area the LAW is NOT on your side. These so called noise ordinance features are WORTHLESS. Calling a cop will get you a irritated cop for wasting his time. And asking Nicely, IF IT WORKS.... They will lower it once or twice and that's about it. Right back to annoying. I've been bombarded with BASS for over 10 years. I've gotten to the breaking point where I'd gladly spend the night in jail for beating the crap out of those who can't be considerate. I've learned to YELL instead of asking. And believe it or not... It has worked for me. They of course retaliate and play louder, but I think once they think how Psycho and pissed I sounded, they tend to think twice before doing it again. But I don't recommend it unless your ready for confrontation.
I have a neighbour above me and Ive complained twice now about the noise but all its done is cause her to make more noise. Every Sunday she will come home after goin out Saturday night and will stand in her room (above my bedroom) and will bang on the floor about 10 times until Im awake and then she will go to sleep.....
i live in a middle house of 3 and on 1 side hes always doing some building/banging without the courtesy of saying hes gonna do it so i can make arrangements to be out. Ive just had 2 strokes and the stress is making things worse but when told he said ive got work to do AND IM GOING TO DO IT
I have neighbors who listen too their music so loud. Our house shakes.
Fair Housing Sucks, you can be a a good tenant and some one above you w/ 15 kids can move in and you and management can do NOTHING!!!
I am a tenant who lives on 2nd floor. The people that live in 3rd floor giving me & my family a problem. They are awake all night until 4:00 AM and it's not only on weekends it's every day they are dancing, singing, running, screaming, partying all night. I complained to my manager and requested the owner phone # that I could call & explain the situation but per him owner does not willing to give the ph#.Per the owner & manager they want me to call the police every day. Please advice what is my rights or is the owner has the right not to care. Thank you in advance. Maggie Kalashyan