Is it worth going to court for a noisy neighbor?

Started by DanielleG4 • 5 replies • 229 views

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DanielleG4 (Florida)
Posts: 131

Posted:

Everyone I’ve spoken to says I have leverage over dealing with my crappy upstairs neighbor considering I own and she rents her unit. I don’t think this is necessarily the case, one lawyer I spoke to advised of a cease and desist letter but didn’t suggest it. The only escalation that has occurred was the HOA board fining her landlord/the owner $100 after I provided police and security reports. Noise still occurs late in the night and I fight with considering calling the cops because my timing has been poor and there’s been crickets outside recently that muffle it. I tried calling security recently but they’re not answering which is new and odd. I really don’t want to let it slide but since fine I feel like the noise is muffled because of nature or sounds like my ac/fridge running etc. If the noise happens again & I give proper documentation, the office will send a warning & after another one they’ll send the hearing notice with potential fine outcome again. Any suggestions?

LetA (Nevada)
Posts: 2,679

Posted:

Likely will never see a courtroom. Your ultimate goal is to get rid of the undesirable tenants and regain your peace of mind. You might even be offered some money to go away.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By DanielleG4 on 07/06/2022 10:01 AM

Everyone I’ve spoken to says I have leverage over dealing with my crappy upstairs neighbor considering I own and she rents her unit. I don’t think this is necessarily the case, one lawyer I spoke to advised of a cease and desist letter but didn’t suggest it. The only escalation that has occurred was the HOA board fining her landlord/the owner $100 after I provided police and security reports. Noise still occurs late in the night and I fight with considering calling the cops because my timing has been poor and there’s been crickets outside recently that muffle it. I tried calling security recently but they’re not answering which is new and odd. I really don’t want to let it slide but since fine I feel like the noise is muffled because of nature or sounds like my ac/fridge running etc. If the noise happens again & I give proper documentation, the office will send a warning & after another one they’ll send the hearing notice with potential fine outcome again. Any suggestions?

I would get a lawyer and go after the crickets first.

MarshallT (New York)
Posts: 414

Posted:

If you are really disturbed by the noise, then pursue this issue. But this does sound a like a tough case to defend considering outside noise drowns out the noise going on upstairs.

People in multi-family homes should expect as reasonable amount of peace, but not absolute quiet.

You may also consider leaving a note in front of the renter's door. Maybe they are unaware of how loud they are being.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Danielle,

Have you looked into the costs of adding sound proofing to your unit (as suggested in one of your many posts on the topic)?

It will be less expensive then a legal fight and, if you win, I doubt the judge would force the tenant to move.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Same question over and over again. Just move or the HOA just has to keep fining the landlord till they are able to end the lease agreement between them. The HOA can't enforce it nor can you. All you can do is do you and sound proof your place.

Former HOA President

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