Need advice re. problem neighbors - LONG! *** UPDATE pg. 2 ***

[Luv2Roam]

More info, from:
http://www.nolo.com/lawcenter/ency/...498A911D7#F23C48E2-CFAB-495E-9E82E7753E978194

Can I sue a noisy neighbor?

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. For a court order telling somebody to stop doing something, you'll have to sue in regular court.

Of course, what you really want is for the nuisance to stop. But getting a small claims court to order your neighbor to pay you money can be amazingly effective. And suing in small claims court is easy, inexpensive and doesn't require a lawyer.

To win, you'll need to show:

* There is excessive and disturbing noise.
* The person you are suing is responsible.
* Your enjoyment of your home is affected.
* You have asked the person to stop the noise.

To prove your case, use police reports, witnesses, your own testimony or even a recording.

How much money should you sue for? In most states, small claims courts cannot award more than $5,000. (For the amount in your state, see How Much Can I Sue for in Small Claims Court?) Requesting $20 a day for your trouble would probably be considered reasonable. If the noise problem is really severe -- keeping you from sleeping or working and making you completely frazzled -- make it $100 a day.

You can learn more about small claims court in the Lawsuits & Mediation area of Nolo's Legal Encyclopedia.

Noise that is excessive and deliberate may also be in violation of state criminal laws against disturbing the peace or disorderly conduct. This means that, in very extreme circumstances, the police can arrest your neighbor. Usually, these offenses are punishable by fines or short jail sentences.



I am wondering if you can sue the owner too, if you bring this to his attention and still nothing happens, if it does not even worsen. At least it would get some attention.

Good luck and keep us posted!

 

[LuvTigger]

I can totally relate to your situation. Prior to where we live now, we lived with BF's mom. The guy who owns the house across the street rents it out (the house, and what we think is an illegal garage apartment). With the exception of one family who has since bought their own home, the rest of the tenants were all disrespectful in many of the ways you've described.

We couldn't do much about the parking thing since it is public parking. But, sometimes the neighbors or their friends would park right in front of our mailbox -- which can be considered a violation of sorts. Nothing is supposed to be obstructing the delivery of mail. So if they were blocking our mailbox and the mail hadn't come yet, we'd leave a note, or have the mailman (who we were somewhat friendly with) leave a note. The mailmen can actually refuse to deliver mail if something is obstructing the mailbox.

As far as the noise, BF's mom is very, shall we say, "assertive," and does not hesitate to yell at anyone who is making too much noise late at night. However, not everyone is like her. And, she doesn't always yell...most of the time she just calls the police.

I think it really helps to have other neighbors call too, both the police as well as the homeowner, so that you are not pinpointed as the only person complaining. One of the guys that lived in the unit across the street finally got kicked out because it turned out several of the families on teh street had called the homeowner several times each to complain.

Good luck, I hope this gets resolved soon.

 

[JayBee]

You guys make my complaint seem trivial-but it is still annoying.My neighbor parks his Dodge SUV right by my window-I don't think he has ever opened his garage in the 5 years they have lived there...he and his wife slam at least 3 doors(getting groceries out, I guess?) when they arrive and slam doors when they get in.

 

[beachbunny]

Speak of the devil! There my neighbors go again! Boom, boom, boom...

 

[mmausse]

I agree with the poster who suggested getting an attorney to write a letter to the homeowner about your concerns/problems.

There are a couple of other things you can do: If they are smoking marajuana, it may be conceivable that there are other illicit and illegal substances in the house. Contact the police narcotics squad and report this. If they shrug or do nothing, contact the State Police, and even DEA. The LAST thing you want is to have a possible coke house set up next door. Also if you have young children in the neighborhood, the drug usage is a significant threat to their well-being and safety.

If you see them doing things you don't like, including taking up your tax-earned parking spaces, take pictures of their cars and whatever else they may be doing.

If they are going to be a pest, DO NOT BE DETERRED, show them you can be just as resourceful, but legally resourceful.

Good Luck.

 

[Lyn-CA]

First off, thanks to all of you who responded with really great and also funny ideas.

I checked with our city about getting residential parking by permit only but they don't do that. I checked with zoning and they said it is OK for JE to rent out his house.

I called and talked to the Narcotics division of our Police Department and gave him all the information. He will start an investigation. It's a start....