In order to enforce the right to peaceful enjoyment against noisy neighbors, tenants must inform their landlords of excessive noise. Tenants can also contact local law enforcement and notify their landlords after contacting local authorities. Landlords have a positive obligation under the law to ensure that their noisy tenants do not continue to violate local harassment regulations or interfere with their other tenants` right to peaceful enjoyment. It is less clear that the landlord is obliged to sue a noisy neighbour who is not a tenant of the building for harassment. If enough tenants complain, most landlords will seriously consider it, but note that it will cost the landlord thousands of dollars in legal fees. As discussed in our companion article on private or public nuisance lawsuits, noise nuisance caused by a nearby business or neighbor, if persistent and sufficiently extreme, can result in a civil lawsuit for harassment and an injunction can be sought. The judge, himself a father, looked at the accused, telling her that she had to control her nephews and be a good neighbour and that uncontrolled children were „animals“. He ordered them to return to court in a month if the complainant felt the noise was not controlled. That was the end of the matter. To win your case in Small Claims Court, you must prove that there is excessive and disturbing noise and that your neighbour is the source of the noise.
Next, you need to show that your peaceful enjoyment of your home is being disturbed and that you have already asked the person to stop making noise. You need evidence to prove your case. Evidence can be found in copies of documents asking your neighbors to calm down, witnesses, recordings of the noise, and even in your own witness statements. That said, the average applicant has an uphill battle that shows how destructive excessive noise can be since it is mostly temporary. Experts can come to court to scientifically demonstrate the amount of noise, but it is an expensive process and most people complain and suffer. Almost all municipalities have laws and regulations that prohibit excessive, unnecessary and unreasonable noise levels. In addition, many cities and municipalities also have some prohibition of continuous noise levels above a certain decibel. Police often investigate by placing a decibel meter near the property line and reading it over a period of time. Your neighbor`s dog barks every hour of the night, keeping you awake and excited. At one point, you almost picked up the phone and called the police. But have you tried telling your neighbors about their noisy dog? Maybe they`re so deeply sleepy that they don`t even know how noisy their canine friend can be. Even if you are sleep deprived and in a bad mood, it is important to approach these disputes in a reasonable manner.
Below are suggestions on what to do with a neighbor`s noise when it becomes a problem. Created by FindLaw`s team of writers and legal writers| Last updated: 05 September 2018 But continued or repeated violation of reasonable noise levels is another matter and a remedy will usually be available. The evidence of the nature of the noise can be critical, and this author knew a determined and angry elderly woman who went to Small Claims Court and alleged harassment. The judge, looking at the frail old lady, was skeptical, especially when the neighbor explained that she had taken care of her nephews for a disabled sister and that „the boys will be boys“ and that the older woman was simply „moody.“ The judge had clearly planned to dismiss the case when the elderly woman pulled out a tape recorder and played a minute of noise, screaming and clearly disgusting that shook the courtroom. Then she showed the judge that she only had the volume of the recorder at half height. „Every day of the week, all day.“ She simply said. If you find local noise regulations that apply to the area where you live, don`t be surprised to find that laws provide for specific times of the day when there should be general calm. These hours vary and depend on the day. If you have a noise complaint related to a hotel business, or if you are an establishment that regularly receives complaints from residents, the NYC Mediating Establishment and Neighborhood Disputes (MEND) initiative aims to resolve disputes over noise and other quality-of-life issues through professional mediation services. Learn more about MEND NYC. The Department of Environmental Protection (DEP) and the Police Department (NYPD) share the task of enforcing the noise law.
To report a noise complaint, call 311 or file a complaint online and they will forward your complaint to the appropriate agency. If you`re already thinking about calling the police or a lawyer, you should first stop and think of less opposing ways to solve the problem. In many cases, they may not be aware of the intensity or annoyance of the noise to their neighbors. Below are suggestions on how to resolve the issue, from discussion to filing a lawsuit. Everyone, including the court and police, expects noise to be part of the urban environment, and a temporary amount of noise, such as that caused by a New Year`s party or a short construction, is simply not taken very seriously by those in power. You can get them to give a warning to the neighbor or landlord, but not much more. They won`t go to jail and pay you damages. According to the National Institute on Deafness and Other Communication Disorders (NIDCD), noise as low as 85 decibels (60 decibels is the sound of normal conversation) can lead to noise-induced hearing loss over time.