A real estate attorney (property lines disputes) A criminal law attorney (stalking or threats - see below) A general civil claims attorney (small disputes) A landlord-tenant law attorney (issues with renters or your landlord) Don't Engage but Document Everything. As hard as it is, try not to engage with your neighbor's bad behavior.
Your safety is the top priority. In most cases, it is common for the dispute to be settled in civil court, and both people keep a polite distance from the other for the rest of their time as neighbors. This is no longer a civil case if you are being threatened or stalked. By law, you have the right to safety in your home.
1 Turn to your landlord if you rent your place 2 Ask for a restraining order against the neighbor 3 File a police report 4 File a noise complaint 5 Sue the neighbor for harassment
Tenants have many options for dealing with neighbors who disturb their peace and quiet. Choosing to rent rather than buy a home doesn’t mean you have to put up with difficult neighbors who interfere with your peace and quiet or other use of the place you call home.
Repeatedly causing damage to a neighbor's property is considered a form of neighbor harassment. In most places, “harassment” is a legal term of art that applies to behavior that is sustained, repeated, and targeted. These characteristics usually apply to neighbor harassment, too.
Dealing with NeighborsDon't respond with anger. Although you may be instantly (and perhaps justifiably) irritated when your neighbor complains, don't let your anger get the best of you. ... Ask if you can talk face-to-face. Talking one-on-one helps you read facial cues and tone of voice. ... Listen. ... Work toward a solution.
It must be conduct that can reasonably be said to be likely to cause alarm or distress. Other legal causes of action may apply in neighborhood harassment claims, including nuisance, trespass and conversion/unlawful interference with property.
Get a restraining order if your neighbor is threatening you or acting dangerously. File a police report (the police may not take action but it will at least be on record) File a noise complaint with your landlord or the police. Start the process of suing your neighbor for harassment (read on for more information)
Once your case is resolved, you will want to be ready to re-document new actions or call the police if your neighbor breaks a restraining order. If your neighbor repeats any behavior, they may be arrested, fined, or go to jail. It might feel tempting to move away just to escape this neighbor.
How to Sue for Neighbor Harassment. One of the most effective ways to get a resolution is to take your issue to small claims court. People can represent themselves in small claims court, but this takes time and strong evidence. If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case.
The Line Between Civil Cases and Criminal Harassment. Any harassing behavior over any period of time should be taken seriously. Things can (and usually do) escalate quickly. Say you notice a neighbor throwing items at your dog because they don't like it barking. You might ask them to stop and both of you start arguing.
Speak in court or privately with a judge. Settle the case for money or another resolution that (hopefully) makes your neighbor stop.
Harassment must be a repeated and intentional act. This means a neighbor accidentally backing into your trash cans or having one loud party may not qualify. But if they start making threatening comments toward you or repeating the bad behavior, it can quickly become a harassment case.
Neighbor harassment is a very real thing. Too often, we are told to "just deal with it," or that bad neighbors are a part of life. However, if you have neighbor disputes with the people who live next door, you do have options to get a resolution. Listen to your gut feelings if you think you are being watched or someone keeps making a "mistake.".
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.
Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.
A log like this can help you establish a pattern of harassing behavior if the matter needs to come to legal issues. You will also find that in some states, recording your conversations with someone else is entirely legal.
In some cases, the worse harassment comes from your neighbors, and if your neighbors are engaging in harassment directed towards you, your family and your property, you need to take action. Harassment is not necessarily something that goes away on its own , and it can have far-reaching effects that touch every aspect of your life.
(US law and generally) Harassment is a serious issue, and though we might expect it on the street or even at work, it often blindsides us when we are at home. In some cases, the worse harassment comes from your neighbors, and if your neighbors are engaging in harassment directed towards you, your family and your property, ...
He or she might also surreptitiously destroy your property or damage it. These behaviors may seem minor at first, but they can escalate, and even if they do not, they may be persistent. Harassing behavior can have some profound effects on your life and your health, so take it seriously. Document everything.
A nuisance typically involves non-physical elements, such as odors or sounds. In order to get relief from a nuisance claim, the offending action must be both substantial and continuous. This means the occasional barking dog or annual all-night party would not be considered an actionable nuisance by most courts.
Neighbor Disputes. Unless you live on hundreds of acres of land, you have probably had to deal with neighbors in some capacity. In most cases, neighbors are not family members or friends, yet instead tend to come from multiple backgrounds.
Actual farms have "the right to farm," which means nuisance laws typically don't apply as long as the farm is following all laws and regulations. But if your neighbor's small flock of hens is guarded by a rooster that wakes you up every morning at 4:30, you may have a valid nuisance claim.
A private nuisance claim is one that affects just one or a handful of neighbors, such as a loud rooster that crows at dawn every day. A public nuisance is typically much more far-reaching and involves the public in general.
Neighbors and Water Damage. While a nuisance may interfere with your peaceful abode, water damage caused by a neighbor's actions typically requires expensive clean-up work. But it's important to know exactly what your neighbor's responsibilities are before pursuing a claim.
Depending on where you live, you may be surprised to learn that it's completely permissible for your neighbors to keep small livestock and replace the grass with crops. Some of these animals, particularly roosters, tend to be quite loud at odd hours of the day and may be considered a nuisance.
Nuisance laws protect people from activities that interfere with their reasonable use and enjoyment of life or property. As a renter, you are protected by nuisance laws. Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord.
Contact Your Neighbor’s Landlord for Help. If your troublesome neighbor rents from a different landlord, consider contacting that landlord. Depending on where you live, your neighbor’s landlord might have a legal responsibility to take action, especially if it's a serious situation, such as drug dealing.
If your landlord refuses to help (for example, by evicting the tenant who’s unreasonably disturbing you), you might be able to withhold rent or legally break your lease.
When an annoying situation is something within the landlord’s control—such as another tenant parking in your assigned spot or a common door that slams loudly multiple times during the night—your landlord might have a duty to take measures to restore the peace.
If you have any concern that your neighbor could react aggressively or violently to your request, consider asking a third party to help you address the problem. As a renter, you can ask your landlord to intervene, and request that your landlord not tell the neighbor who made the complaint.
Many courts have held that tenants have a right to quiet enjoyment even then their lease or rental agreement is silent on the matter. Enlist your landlord’s help in resolving the situation (especially if you’re concerned about approaching the offending neighbor on your own).
In fact, tenants have the same rights as homeowners under local laws that regulate activities that could disturb neighbors, such as making excessive noise. And you don’t necessarily need to solve the problem yourself: Your landlord might have a duty to help.
Harassing phone calls represent an unwelcome intrusion on your privacy; the Federal Communications Act and an assortment of state laws prohibit all forms of telephone harassment. If you are a victim of telephone harassment, contact a harassment lawyer in your area to put an end to the aggressive party’s intrusive actions.
Consulting with a harassment lawyer is the first step to quell your problem. Although there are a number of types of harassment, you should understand the legal issues associated with the activity before you contact a harassment lawyer. For starters, if you are being harassed over the telephone, having a basic knowledge ...
In the legal sense, harassment is an intentional behavior that is found disturbing or threatening.
No individual should live in fear of harassment; there are steps to take to curb incessant obstructions like harassment. Consulting with a harassment lawyer is the first step ...
Although one unwelcoming call may be deemed harassment, a single instance will not require the service of a harassment lawyer. Individuals who commit telephone harassment will be subject to fines, prison or both. Telephone harassment laws vary by state; in the majority of jurisdictions, telephone harassment is a criminal misdemeanor. ...
According to a study by BMC Public Health, neighbor noise annoyance can even be associated with various mental and physical health issues. When your neighbor disrupts your comfort by being loud or playing loud music, it’s time to do whatever you can to solve that issue and avoid further complications.
Neighbor harassment laws protect people from every form of behavior that can be deemed offensive, derogatory, or even just annoying. You are also entitled to protection from violent behavior and threats of violence and assault. Solve My Problem. Get Started.
Here are the most common forms of harassing behavior to keep in mind: Noise. Living next to a loud neighbor can be a real nightmare. The noise your neighbor makes can be particularly annoying if it bothers you during the quiet hours determined by your lease or your city’s laws.
Here are some things your landlord might do to protect you: Change the locks. Buy vandal-proof letterboxes and fences. Install a security alarm system.
For instance, your neighbor might smoke in the building, and the smell can even reach your apartment, which is particularly annoying if you don’t smoke. Property damage. Sharing your wall with a neighbor means that almost everything that happens in their apartment affects you.
Tenants of the same building often exchange numbers to be able to communicate with each other about common-area problems. If you give your number to the wrong neighbor, they may end up harassing you. Stalking. Stalkers can make every day a nightmare even if they never do anything to wrong you.
If you notice that the person next-door continues doing whatever it is that bothered you even after you asked them not to, it means that they are doing it on purpose. Your neighbor’s intention to annoy you or disrupt your life in any way is a clear sign that you are the victim of harassment.
So a bad neighbor is anyone who lives next door (or next floor) and gets on your nerves regularly by doing something that’s not particularly illegal but exceptionally annoying. If it becomes uncomfortable for you to stay at home, chances are good it’s a bad neighbor to blame.
If you’re dealing with noise , which is the most common reason for disputes between neighbors, refer to the letter of the law. There are ordinances to prohibit unnecessary, unreasonable, and excessive levels of noise meant to protect you from being a victim of noise-makers. If you’re able to prove that the problem is real and your neighbor is a source of it, you can refer to small claims court (for financial compensation) or regular civil court (to cease and desist the noise-maker).
Entering into a war with a bad neighbor might take you down the wrong path and cost you a lot of healthy nerves. That’s why you should always start with a friendly approach and only refer to drastic measures when nothing else seems to be working.
If your neighbor’s behavior is exceptionally irritating but isn’t life-threatening, you may want to collect evidence and contact authorities (local precinct, cops, lawyers). Another option you have is to write a petition together with other neighbors.
Common Examples: Parents of not well-behaved kids who’re screaming all day long, drivers who got it wrong about parking rules, irresponsible pet owners having hard times taking care of their four-legged friends, overly friendly ladies who want to tell your their biography each time you meet, chronic borrowers.
If your neighbors are long-term tenants, chances are good they don’t want to be evicted. If this holds true, it’s likely that your problem will be solved before you even know it.
If you’ve been living on a street where homes sit shoulder to shoulder, you know that bad neighbors come in all shapes and forms. Some of them make it impossible to sleep at night, some can’t keep their pets under control, while others might practice drunk-walking around the neighborhood and scare your kids.