name of a lawyer who handles noisy neighbors

Do I need a lawyer for a noisy neighbor?

It is essential to have the assistance of a real estate lawyer if you have any issues with a noisy neighbor. Your lawyer can advise you which remedies are available in your area. Your lawyer can also advise you regarding which remedy will be most likely to resolve your situation.

What kind of legal action can I Sue my Neighbor for noise?

However, if your neighbors still do not understand your needs, you may be able to pursue the following types of legal claims: Nuisance: Excessive or disturbing noises may result in a nuisance lawsuit. This is probably the most common type of legal action for noise disturbances .

How do I deal with a noisy upstairs neighbor?

Initially, a polite chat with the offending neighbor should do the trick. If not, speak with your landlord or apartment manager about soundproofing the walls or intervening with the noisy neighbor on your behalf. At common law, a leaseholder is entitled to "quiet enjoyment"...

Do I need a lawyer for a neighborhood dispute?

Law enforcement may need to be called and you should get a lawyer. Don’t allow neighborhood disputes to escalate and protect your property with a neighborhood disputes attorney.

What happens if your neighbor is obnoxious?

When your neighbor's behavior goes above and beyond obnoxious and becomes a nuisance, you may have a legal claim. When you are dealing with excessive noise, dogs constantly barking, lights flooding your windows, offensive odors, prostitution, or drugs, consider taking the following steps.

What is the most common example of a neighbor's behavior?

Your neighbor might be committing a crime. Certain obnoxious behavior might violate local ordinances. The most common example is loud noise after a certain time at night. Or, your neighbor’s behavior may be a misdemeanor or felony offense, such as prostitution or selling drugs.

What does a landlord have to do to address an issue?

The landlord must show that affirmative steps are being taken to address the issue. Failure to act can give rise to liability.”. Steps your landlord can take are to write a nuisance letter to the offending tenant, move you to a new unit, and, when necessary, start the eviction process.

When you are experiencing some type of substantial interference, should you report it to your landlord?

They should take steps to enforce each tenant’s right to quiet enjoyment of their unit. “Often, landlords will say, ‘It is between the neighbors.’”. According to Mr. Tobener, “This is a big mistake.

Can you file a private nuisance lawsuit?

You can file a private nuisance lawsuit for compensation and for an injunction against the nuisance. A public nuisance is an unreasonable or unlawful interference with the general public. Typically, a public body has to deal with this type of issue, which is why it is essential to contact the police.

Can I file a civil lawsuit against my neighbor?

If your neighbor, whether it is a fellow homeowner or tenant, is creating a serious nuisance, you may have the right to file a civil lawsuit. A nuisance can be either private or public. A private nuisance is one that unreasonably or unlawfully interferes with a person’s use or enjoyment of their property. You can file a private nuisance lawsuit ...

How to handle a neighbor's problem?

There are better ways to handle the situation. Approach the neighbor. Raising a problem with a neighbor is not easy. But it should always be the first step and, if done with respect and sensitivity, may be the last. Often the neighbor is unaware of a problem — for instance, the dog barks only when nobody is home.

What to do if your neighbor keeps disturbing you?

If your neighbor keeps disturbing you, you can sue, and ask the court for money damages or to order the neighbor to stop the noise (“abate the nuisance,” in legal terms). For money damages alone, you can use small claims court.

What to do if you value neighbor?

If you value the neighbor relationship at all, or just want peace in the future, give mediation a try. You and the neighbor can sit down together with an impartial mediator and resolve your own problems. Mediation services are available in most cities and often they are free.

What happens if a dog barks after being notified by police?

And someone who allows a dog to bark after numerous warnings from police may be arrested for disturbing the peace.

What to do if your lease doesn't work?

If that doesn’t work, report the problem to the landlord or homeowners’ association in writing.

How many people have impaired hearing?

About 28 million Americans now suffer from impaired hearing. Not surprisingly, noise affects the ability to concentrate and learn. Schoolchildren exposed to excessive noise — for example, in schools close to airports or elevated trains — have been found to have problems with reading and memory. Back to top.

What happens if your neighbor's stereo keeps you up?

If the neighbor’s stereo is keeping you up every night, the tenant is probably violating the rental agreement and could be evicted. Especially if several neighbors complain, the landlord will probably order the tenant to comply with the lease or face eviction.

What to do if you don't have the resources to hire a lawyer?

Remember, this may mean hiring an attorney if you are asking the court to stop the noise. Small claims court is another option if you don't have the resources to hire a lawyer and you're only suing for monetary damages.

What happens if you breach the covenant of quiet enjoyment?

The most likely remedy for breaching the covenant of quiet enjoyment is early termination of the lease. That means you'll be off the hook for the rent balance but you'll have to break out the moving boxes. If moving is not an option, you may decide to file a private nuisance lawsuit against the noisy neighbor.

What is quiet enjoyment?

At common law, a leaseholder is entitled to "quiet enjoyment" of the property. If you ask your landlord to do something about the noise levels and he or she fails to do so you may have legal recourse against the landlord.

What time does construction noise stop?

The code also prohibits construction noise after 6 p.m. on weekdays. The Environmental Control Board, an administrative court, has jurisdiction over violations of "quality of life" ordinances. Violators must either pay a fine or appear in court to challenge the violation.

What to do if neighbors are loud?

Of course, it is always best to try and work out your differences through a polite request or conversation.

What happens if my neighbor doesn't obey noise ordinances?

After all, if your neighbor does not follow noise ordinances, chances are they might not follow an injunction either. However, if your neighbor knows that they will have to pay a fine if they don’t keep the noise down, they are very likely to stop the disturbances.

What are the types of legal claims against neighbors?

However, if your neighbors still do not understand your needs, you may be able to pursue the following types of legal claims: Nuisance: Excessive or disturbing noises may result in a nuisance lawsuit. This is probably the most common type of legal action for noise disturbances . You might succeed on a nuisance claim if the noise continuously ...

What happens if neighbors exceed decibels?

If your neighbors exceed the decibel level limit with their noise, they may be found guilty of disturbing the peace, which is a minor offense punishable by a fine. Noise Ordinance Violations: Some jurisdictions may also enforce noise ordinances, which ban specific types of noise or music in a residential area.

Can neighbors ban loud noises?

They may also ban loud noises at certain times of the day, for example during normal sleeping hours. Check to see if your city or municipality has such an ordinance, and whether your neighbor may be in violation. As you can see there are a variety of legal avenues through which you may address disputes with a noisy neighbor.

How to prevent a lawsuit from neighbor?

These activities are unlawful or unreasonable. As previously mentioned, the best way to prevent a lawsuit in the first place is open communication between neighbors. If you are being bothered by a neighbor’s activity, you should speak with each other and attempt to reach a resolution on your own.

What is nuisance in law?

A nuisance is the unreasonable or unlawful use of property in a way that causes damage to others, by preventing them from enjoying their own property. In some situations, nuisance may be a crime; it may also be grounds for eviction if a tenant is the responsible party. Public Nuisance is a nuisance that affects several members of the public or the public at large. Some examples of this could include: 1 The noxious fumes emitted from a factory; 2 Noxious smells; 3 Loud noises; 4 The unauthorized burning of materials; 5 The posting of obscene or indecent signs or pictures; and/or 6 Illegal gambling.

What is the difference between a public nuisance and a private nuisance?

What Is the Difference Between a Public and a Private Nuisance? Once again, a public nuisance can be defined as an unreasonable interference with the right of the general public to enjoy public property. Such property could include public parks, beaches, and waterways. Any conditions that endanger the health, safety, peace, ...

Why is it important to consult with a personal injury attorney?

Because of the differences between a private and public nuisance claim, and the amount of parties that may be involved in the different lawsuits, it is important to consult with a local personal injury attorney to assist you in filing your complaint.

What is nuisance in eviction?

A nuisance is the unreasonable or unlawful use of property in a way that causes damage to others, by preventing them from enjoying their own property. In some situations, nuisance may be a crime; it may also be grounds for eviction if a tenant is the responsible party. Public Nuisance is a nuisance that affects several members ...

What is a private nuisance claim?

A person may decide to file a private nuisance claim in order to receive some relief from the damages caused by the private nuisance. A court may order the responsible party to stop or limit the activity by issuing an injunction. The parties affected by the nuisance may be entitled to monetary damages, while the responsible party may be jailed ...

What is continuous nuisance?

Continuous Nuisance: The nuisance cannot be a single, isolated incident. It must continually occur; Unlawful Action: If the defendant’s conduct was unreasonable, it could be considered unlawful as opposed to being a simple nuisance; and.

What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

What are the most common neighbors disputes?

One of the most common neighbor disputes is perhaps property boundary issues. After all, fences exist not only for privacy, but also for the purpose of keeping others (mostly neighbors) out. Property boundary disputes can exist in two different forms; trespassing, and encroachment.

How to resolve property boundary disputes?

Such as most other disputes with neighbors. .. Property boundary disputes are often best resolved through talking with your neighbors. After all, you may be living next to them for a long time. Building a culture of resentment may be more stressful than correcting your neighbor’s actions involving police or the courts.

Can police help with noise ordinances?

Some cities have stricter noise ordinances than others, so the police may not be able to help very much. If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor.