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Answer 1:

If you can prove to a jury that your neighbor has caused mental, physical or emotional harm to you or your property I would think you have a good shot at it. If talking to your neighbor does not solve the problem, I would ask the local police to get involved before you think of sueing.

Answer 2:

Sorry, simple logic doesn't work.

I have complained to the noisemaker. I have complained to the City, others have also complained. The police do not respond to complaints against this neighbor. Supposedly the planning Department of the City is supposed to investigate noise complaints, but they have not tested the noise intrusion at our property. As for damage, one has to prove injury, thus one has to have a test of hearing, anxiety levels before the complaint to have a measurable loss. how many people who have no problems would have a test to confirm no problem, the day before the health issue started? What is logical, isn't necessarily reality. Thus I am looking for actual barriers, having already installed double glazed windows, insulation, sound Rock drywall, and exterior shutters with insulation. To me, too loud is not being able to listen to TV, or to be able to sleep in my own bed. Are there any better answers?

Answer 3:

It's not so easy as the first person thought, but not so hard as the second person thinks.

True, suing is pretty hard. The judge doesn't even have to let it get to jury trial. But it's not solely a matter of hearing tests. One could keep track of medical expenses in being tested afterward, and any counseling they underwent. And by all means keep track of any new windows, walls or other noise abatement measure you buy.

One could also use small claims court to sue for some monetary loss - like if they had business associates over and the deal couldn't get done due to the noise. Or if they lost time at work due to the noise keeping them up at night.

One can also fight fire with fire. If someone finds it okay to blast rap so loud that you literally can't hear your TV (though it's hard to believe that the police wouldn't stop that), then get your own speakers and blast out some Lawrence Welk or Polka music.

More boldly, if the local magistrate or zoning commissioner doesn't think it's a problem, park outside where they are and blast your car stereo. If you get a ticket, welcome it! You may now go and re-present your case - they may be a bit upset, but if you aren't mean about it, they may take your point.

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14y ago
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13y ago

I don't think so but you can file a noise complaint to the police.

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Q: Can you file a harassment charge against a neighbor for noise?
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How can your housing association protect you from neighbor harassment?

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