Can I Sue My Neighbor for Excessive Noise?

Use these links to jump to different sections:

• What Is Excessive Noise by Neighbors?
• What About a Barking Dog?
• Can I Sue My Neighbor for Excessive Noise?
• Are There Non-Litigation Options When Dealing With a Noisy Neighbor?
• Find Experienced Legal Help

It’s the middle of the week, and you have a busy workday tomorrow. You’re tired and want to get a good night’s rest. You get in bed early, but then around midnight, your neighbor starts playing loud music that jolts you awake. Your night’s rest is ruined, and you are even more frazzled than before. Excessive noise is not just a nuisance — it can also be a health problem. Noise nuisances can cause stress and anxiety and even pack enough decibels to damage your hearing.

If your neighbor is causing the disturbing noise, suing them is possible. However, you may be able to resolve the problem without taking your neighbor to court—an option that is likely less expensive and time-consuming for you, as well. Below are some options for dealing with a noisy neighbor.

What Is Excessive Noise by Neighbors?

We encounter many different types of noise daily, from traffic to television. Not all of them are a nuisance. You know when noise is disturbing you, but what counts legally as excessive noise, and when can you do something about it?

Several sources of noise laws and regulations determine what counts as excessive noise and protect your peace and quiet:

Local Ordinances

One of your best resources for combating excessive noise is local laws. Almost every municipality has noise ordinances prohibiting excessive noise, setting appropriate decibel levels, and establishing quiet hours.

Some noises, like traffic or industry, are unavoidable in some areas. Many others, like lawnmowers or music, are acceptable at some times (for example, mid-afternoon) but not at others (for example, 6 am). Local land use and zoning laws might also impact noise regulations in your area. It’s relatively easy to find out what your ordinance says by visiting your local government website or library.

State Laws

Depending on where you live, there may be statewide laws prohibiting excessive noise or setting decibel levels for various activities or industries. A noisy neighbor—in some cases, a place of business or industry—could violate state law against disturbing the peace or zoning ordinances.

Homeowners’ Association Rules

If you live in a community with a homeowners’ association (HOA), your deed probably contains a section called “covenants, conditions, and restrictions” (CC&Rs). These restrictions apply to everyone in the community and often prohibit excessive noise and set quiet hours. You can familiarize yourself with these rules and use your HOA to enforce them.

Lease Agreement

If you’re a renter of a house or apartment, your lease agreement provides for the quiet enjoyment of your home. Quiet enjoyment clauses enable you to get your landlord’s help against excessive noise.

What About a Barking Dog?

What if the disturbing noise is a barking dog or other loud pet? A general noise ordinance would cover excessive noise from dogs or other pets. However, some places also have ordinances specifically about barking dogs. It is good to check if your location has a specific regulation and see what it says.

If you are dealing with a neighbor’s barking dog, an excellent first step is to inform your neighbor about the issue. Talking it out can often fix the problem. If your neighbor doesn’t do anything about the issue, you can follow up by informing them about your local noise laws, including any specific information about pets. If your neighbor continues to ignore the problem, you can ask local animal control to enforce dog or pet ordinances.

Can I Sue My Neighbor for Excessive Noise?

Yes, it’s possible to sue your neighbor for the impacts of excessive noise. However, whether your lawsuit will be successful will depend on the facts of your case. To win a private nuisance claim for excessive noise, you will need to show:

1. There is excessive or unreasonable noise
2. Your neighbor is causing the noise
3. This noise has disturbed your quiet enjoyment of your home
4. You have asked your neighbor to stop but to no avail

A court’s determination that noise is unreasonable will depend on both the law and the specific facts of your case. If you’re considering legal action, collect evidence. How loud was the neighbor? What kind of noise did they make? How frequently or persistent was the noise?

In addition to proving the legal argument, you need to consider upfront whether it’s worth taking legal action in terms of the money, time, and energy involved. Depending on how much compensation you’re seeking, filing a claim in your local small claims court is an option. Many small claims courts handle cases ranging from $2,000 to $25,000.

Instead of monetary damages, you may want an injunction, that is, a court order demanding your neighbor stop the loud noise. You can petition for an injunction with your local civil court.

Are There Non-Litigation Options When Dealing With a Noisy Neighbor?

Because of the time and effort involved, suing your neighbor over noise is often a last resort. Before getting to this stage, consider these options:

Talk to Your Neighbor

Talking things out could be effective depending on your relationship with your neighbor. Explain the problem and why it is making your life hard.

Inform Your Neighbor About the Law

If your neighbor ignores or refuses your request, let them know they are violating noise ordinances. Educate yourself on these ordinances first to know you’re in the right, and then give your neighbor a copy.

File a Noise Complaint

If warning your neighbor doesn’t work, you could file a complaint about your neighbor’s noise. Who you should file a complaint with depends on your situation.

If you have a homeowners’ association (HOA), you might notify your HOA committee. As a renter, notify your landlord or property manager, preferably in writing via email or your renter’s online portal. The landlord should address the issue and, if the neighbor is in violation of the lease agreement, may be able to impose fines or even bring eviction proceedings in serious cases.

You may get relief from your local government agency that enforces property ordinances. Regardless of who you report to, be sure to collect evidence of your noise issues, such as recordings of the noise levels or a log of incidents.

File a Police Report

In some cases, getting law enforcement involved is necessary. If you have tried other options, but the problem continues or worsens, consider calling the authorities to investigate and speak with the neighbor.

Find Experienced Legal Help

Many attorneys provide initial free consultations to prospective clients. Even if you decide that legal action against your neighbor isn’t the best strategy to achieve your goal of restoring peace and quiet, chatting with a lawyer can help inform you of your options.

Visit the Super Lawyers directory to find an experienced real estate, general litigation, or landlord-tenant lawyer in your area for legal advice.