How to Get Neighbors to Turn Down the Volume
It's 2 in the morning. You're lying in bed trying to sleep
because you have a big meeting tomorrow morning. You feel a
pounding sensation in your head. At first, you think it's a
headache. But then you realize that it's the funky disco beat
blasting from your next-door neighbor's stereo, reverberating
through your bedroom and rattling your windows.
Before you pound on the neighbor's door and yell something
you'll regret, or, even worse, resign yourself to living with
the noise, try some more constructive alternatives.
1. Talk to Your Neighbor
Your first step is to talk to your neighbor and try to resolve
your differences in person. It's hard to believe, but sometimes
neighbors are not aware that they are causing a disturbance.
Even if you're ready to punch somebody's lights out, try a
little sugar instead.
2. Get a Copy of Your Local Ordinance
Your next step is to get a copy of your local noise laws. 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 carpool) 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.
3. Warn Your Neighbor in Writing
If things don't improve, ask your neighbor again--this time in
writing--to quiet down. Don't make threats, but state that if
the situation doesn't improve you'll be forced to notify the
authorities. Enclose a copy of the noise ordinance. Keep a copy
of your letter; you'll need it if, as a last resort, you later
sue your neighbor.
4. Suggest Mediation
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.
Just call the mediation service; someone there will contact the
neighbor and suggest mediation. (These people are very good at
convincing others to give mediation a chance.)
5. Call the Police
If you have done all of the above and your neighbor has
responded by turning up the volume, now is the time to call the
police (or the Animal Control officer if the problem is a
barking dog). Try to get the police to come while the noise is
occurring.
Of course, you can call the police on a noisy neighbor the first
time the music gets too loud for your taste. But the police will
be more sympathetic to your situation if they see that you have
tried to solve the problem on your own.
6. Sue for Nuisance
If all else fails, you can get your neighbor's attention-and
maybe some money-by suing in small claims court. You can sue
your neighbor for nuisance if your neighbor's noise unreasonably
interferes with your enjoyment of your property. In the lawsuit,
you ask for money to compensate you for the interference with
your right to peacefully enjoy your home.
Small claims court is easy and inexpensive, and you don't need a
lawyer. You will need to show the following:
* There is excessive and disturbing noise. * Your enjoyment of
your property is diminished. * You have asked the person to stop
the noise (your letter should be enough to prove this).
To prove your case, you can use police reports, witnesses,
recordings, your own testimony and the testimony of neighbors or
other witnesses.
The amount you'll want to ask for will depend on how much the
noise bothered you. Did you lose sleep? Were you unable to carry
on your usual activities, such as reading, playing music or
talking to friends? Decide on a reasonable dollar amount per
day, and multiply that figure by the number of days you've been
seriously bothered. The amount of money you can ask for in small
claims court is limited, between $2,000 and $5,000 in most
states.
If You're a Tenant
Noisy neighbors are always bad news. But when you share walls
with the insensitive neighbor, the problem is especially vexing.
The good news for renters is that, in addition to all your other
options, you have built-in allies in the battle to keep your
apartment livable: your lease or rental agreement and your
landlord.
Remember the lease or rental agreement you signed? Chances are
your neighbor signed one too. Standard leases and rental
agreements contain clauses that entitle you to "quiet enjoyment"
of your home. A neighbor who is blasting the stereo in an
unreasonable manner is probably violating the lease or rental
agreement and can be evicted for doing so.
If you warn your neighbor about the noise in writing and are
sure that your lease entitles you to a reasonable amount of
quiet, send a copy of the lease along with your letter. In your
letter, tell the neighbor that the next complaint will be to the
landlord or neighborhood association if the noise continues.
If warning your neighbor doesn't work, go to your landlord. Most
tenants don't like to complain to the landlord or manager about
unreasonable noise or other nuisances because they are afraid of
being branded as troublemakers. But other neighbors are probably
bothered by the noise too. Get together with them and complain
to the landlord as a group. It's easier and you might get faster
results. Most landlords don't want arguments between tenants and
won't put up with tenants who cause trouble by ignoring signed
lease or rental agreements. Your landlord will probably tell the
noisy tenant to pipe down or face eviction.