Barking dogs, night parties, drumming: how to deal with noisy neighbors in the USA - ForumDaily
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Barking dogs, night parties, drumming: how to deal with noisy neighbors in the USA

Research strongly supports claims that noise is a health hazard and not just an inconvenience. What to do if barking dogs, loud music or other noises are interfering with your life Nolo.

Photo: IStock

Exposure to certain everyday sounds at close range, such as lawn mowers and motorcycles, can cause hearing damage, according to the Centers for Disease Control and Prevention. A noisy restaurant is 80 decibels, a subway train is 120, live rock music is 130. Constant exposure to unpleasant noise can also cause stress, anxiety, depression and sleep disturbances. Noise also affects the ability to concentrate and learn. Schoolchildren exposed to excessive noise, such as in schools near airports or skytrains, have been found to have reading and memory problems.

Neighbors who make excessive noise can be especially problematic - you can't easily avoid or drown out the noise, and since you have to see these people on a regular basis, you don't want to rock the boat too much. Here are some tips on how to deal with noisy neighbors.

How do I contact my neighbor about a noise problem?

There are two common reactions to neighbor noise. The first is retreat. You hate the noise, but you don't do anything. The second is anger. You lose your temper and call the police. The ideal answer is probably somewhere in the middle. Consider taking the following steps.

Approach your neighbor

Raising the issue directly is not easy, but it should always be the first step and, if done with respect and sensitivity, it can be the last. Often the neighbor is unaware of the problem—for example, a dog only barks when no one is home. Suppose the neighbor does not know and would like to be told. Talking face to face can be difficult, but is likely to bring the best results.

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If you're feeling scared, a handwritten note (be sure to sign it - anonymous notes usually only make the recipient angry) or an email is best.

Warn the neighbor

If addressing the problem directly does not help, obtain a copy of your local noise ordinance. Email the order to your neighbor (if you have an email address) or send a copy with a note repeating your request to be quiet and explaining that you will be forced to notify the authorities if you do not receive results. Be sure to provide detailed information about the problem, including the date, time, and description of the noise.

If you are a renter, send your neighbor a copy of the lease or other document regarding noise. Noise is usually dealt with in community agreements, terms and conditions. If reminding your neighbor of the rules doesn't work, report the problem to your landlord or homeowners association in writing.

Landlord boards and homeowner associations usually take written complaints seriously. If you can get other neighbors to sign your complaint, the landlord or council will likely tell the troubled neighbor to turn down the noise or face a fine or eviction.

Suggest Mediation

If you value neighborly relations at all or just want peace in the future, consider mediation. You and your neighbor can sit down with an impartial mediator and resolve your issues in a way that both of you can agree on.

Intermediary services are available in most cities and are often free. Simply call your local mediation center and they will contact the neighbor for you.

Call the police

Still no response from neighbor? Is the noise getting louder? It's time to call the police (or, if the problem is a barking dog, Animal Control). If you have exhausted all possibilities to solve the problem yourself, the police will understand that your complaint is serious and that you need help.

Try notifying the police when there is noise so they can measure the decibels or hear it for themselves. Sometimes the police will not act until two or more people are affected by the noise to prevent complaints from overly sensitive people.

Sue for trouble

As a last resort, you can sue in small claims court. It's easy and inexpensive, and you don't need a lawyer.

Can you sue a noisy neighbor?

If your neighbor continues to harass you, you can sue and seek monetary damages from the court, or tell the neighbor to stop the noise (“reduce the nuisance,” according to the law). Only for monetary damages can you go to small claims court. For a court order ordering someone to stop doing something, you will probably have to file a lawsuit in ordinary court.

Of course, what you really want is for the trouble to stop. But getting your neighbor to pay you back in small claims court can be surprisingly effective. And filing a lawsuit in small claims court is easy, inexpensive, and doesn't require a lawyer.

To win, you need to claim that:

  • An excessive and annoying noise is heard.
  • The person you are suing is either making noise or is the landlord and therefore liable.
  • This affects how you feel.
  • You asked the person to stop the noise.

To prove your case, you will need evidence of the noise and your efforts to stop it, such as copies of your notes and/or emails to your neighbor, police reports, written complaints, witness statements, your testimony, or recordings of the noise incident.

How much to sue

In most states, small claims courts limit judgments between $2 and $500.
Asking $20 a day for your troubles would probably be considered reasonable. If the noise problem is really serious - keeping you awake or working and exhausting you completely - ask for $100 a day.

Does my landlord have to quiet down noisy tenants

You can ask the landlord to help calm the neighbor. Standard leases contain a clause entitled "Quiet Enjoyment." This clause gives tenants the right to occupy the accommodation they rent and imposes on them the obligation not to disturb their neighbors. The landlord's job is to enforce both sides of the deal.

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If the neighbor's stereo keeps you awake every night, the tenant is probably in breach of the lease and could be evicted. Especially if several neighbors are complaining, the landlord is likely to order the tenant to comply with the terms of the lease or face eviction.

The neighbor's dog keeps barking

Usually problems with barking dogs can be solved without going to the police or the courts. However, if you do end up in court, the judge will be more sympathetic if you make at least some attempt to work things out informally. Here are the steps to take if you're losing patience (or sleep) with a noisy neighborhood dog:

Ask a neighbor to calm the dog

Sometimes owners are blissfully unaware that there is a problem. If a dog barks for hours every day, but only when left alone, the owner may not know you're going crazy.

If you can build a relationship with your neighbor, try to agree on specific actions to resolve the problem. For example, arrange for your neighbor to take the dog to obedience school or consult with an animal behaviorist. After you agree on a plan, set a date to talk again in a couple of weeks.

Try Mediation

Mediators, both professional and volunteers, are trained to listen to both sides, identify issues, keep everyone's attention on the real issues, and offer compromises. The mediator will not make the decision for you, but will help you and your neighbor agree on a decision.

Many cities have community mediation groups that train volunteers to mediate disputes in their areas.

Familiarize yourself with the law

In some places, barking dogs fall under certain state or local regulation. Unless there is a law specifically directed at dogs, a general nuisance or noise ordinance puts the responsibility on the owner. And anyone who lets a dog bark after being repeatedly warned by the police can be arrested for disturbing the peace.

Ask animal control authorities to enforce local noise laws

Be persistent. Some cities have special programs to deal with complaints about dogs.

Call the police if you think the law is being broken

The police are usually not very interested in problems with barking dogs. And calling a patrol car to your neighbor's house will obviously not improve your already strained relationship. But if nothing else works, and relations with a neighbor are still damaged, try contacting the police.

Are noisy neighbors breaking the law?

Almost every community prohibits excessive, unnecessary, and unreasonable noise, and the police enforce these laws. To find out your municipality's noise regulations, look up local ordinances either online, at your local public library, at your city or county law library (usually located next to the courthouse), or by calling the city attorney or mayor's office.

Most local noise ordinances define "quiet hours" such as 22pm to 00am weekdays and 7am to 8am weekends. So the mower may be allowed to start at 9 am on a Saturday, but not at 10 am.

Certain ubiquitous disturbing sounds are generally prohibited or restricted. For example, in most cities it is forbidden for cars to honk unless there is danger. Barking dogs and motorcycle noise are two other commonly regulated noises.

Many cities also ban continuous noise above a certain decibel level. Decibel limits are set depending on the time of day and area zoning. When a neighbor complains, the police place decibel monitoring equipment at a certain distance and take readings.

Neighbor plays drums day and night

Fortunately, most communities have local noise ordinances that prohibit excessive, unnecessary, and inappropriate noise. Find your local noise ordinance. Your neighbor may be allowed to play drums at 10 am, but not at 7 am or midnight. Once you know when your community has quiet hours, keep a journal for a week or so of when the drumming takes place. Drumming may not even occur during the set silence time.

Noise limits in decibels

Many communities prohibit continuous noise above a certain decibel level for residential areas. To see how loud the drums are, you'll need a decibel machine (they usually cost less than $50). Make notes of the noise measurements in your log along with the time of day you hear the drum roll (the noise limit will likely vary depending on the time of day). Or ask the police to take noise measurements. Most communities have electronic equipment to measure noise when neighbors complain.

If drum noise is below the legal noise level and occurs only during reasonable hours, chances are the law won't protect you. If, however, the drum studies are out of bounds, you have some influence over your neighbor.

Conversation

Either way, talk to your neighbor. Be tactful (this is not the time to criticize your neighbor for drumming). Try to find a compromise (you will have more arguments if the drumming disturbs the other neighbors as well, otherwise you may seem too picky). Perhaps your neighbor does not even suspect that you are worried about his game. Consider options such as mediation if talking to a neighbor isn't working.

Police

If a drummer is clearly violating local noise laws, call the police or law enforcement if you cannot come to a reasonable agreement. The police can issue a warning and even fine a drumming neighbor if the warning is ignored.

How to deal with noisy tenants in an apartment building

Even the best rental properties can get noisy at times, with tenants coming and going, redecorating the house, moving furniture, playing music, talking loudly or walking on hardwood floors. However, if your neighbor's noise keeps getting in the way, you need to find the best way to fix the situation as soon as possible. Excessive noise, whether it's loud parties, blaring radios, or barking dogs day and night, violates other residents' right to peace and quiet. The following suggestions and tips can help you create a peaceful home and a good night's sleep.

Make a friendly request

Explain personally that you are concerned about the noise level, and politely ask other residents not to make noise. In some cases, a benevolent smile and a request is enough. They may not even realize how loud they are until you tell them, but remember to always be friendly to them. Acting in a threatening or humiliating manner can make the situation worse.

Document the problem

Keep a log with as much detail as possible about the time and date of the noise you hear. Consider recording the noise, and if it's really loud, buy a decibel meter.

Make a second request in writing

If the noise continues after your initial request, write a letter to the noisy tenants outlining the problem and what you think would be a peaceful solution. Your note should not be demanding or overly formal, but a simple plan that you think will work. For example, if you go to bed at 11 p.m., explain that a loud radio or TV is keeping you awake, but turning the volume down a few notches will help a lot. A letter stating that you are serious about noise will be proof that you will need to complain to your landlord or go to court.

Contact your landlord

While this may cause a rift between you and your neighbors, be aware that other people in your home may have the same complaints; in fact, getting others to sign a joint letter to the landlord will be especially helpful in motivating your landlord to stop the noise.

Most standard leases have a clause that gives tenants the right to "use" their home in peace. This usually includes freedom from excessive or constant noise that makes it impossible for you to sleep. Your landlord may also lay out specific noise guidelines (such as not making noise after midnight) in a separate set of rules, so check those as well.

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It is your landlord's responsibility to comply with the terms of the lease and the rules of residence. If a noisy tenant doesn't comply, the landlords can evict the tenant. And if your landlord can't stop the excessive and unreasonable noise, you may want to consider filing a small claims claim against your landlord for inconvenience. Depending on the situation, you can terminate the lease and move out earlier.

Contact the police

If the landlord is unable to stop the noisy tenants, the next step is to contact the authorities. It's a good idea to call the police when the noise continues, such as during a night out.

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