Find out how much you can sue for in your state's small claims court. You can learn more in the Small Claims Court area of Nolo's website. You can ask for a landlord's help in quieting the neighbor. Standard rental and lease agreements contain a clause entitled "Quiet Enjoyment. It's the landlord's job to enforce both sides of this bargain.
If the neighbor's stereo is keeping you up every night, the tenant is probably violating the rental agreement and could be evicted. Especially if several neighbors complain, the landlord will probably order the tenant to comply with the lease or face eviction. Usually, problems with barking dogs can be resolved without resorting to police or courts.
If you do wind up in court, however, a judge will be more sympathetic if you first made at least some effort to work things out informally.
Here are the steps to take when you're losing patience or sleep over a neighbor's noisy dog:. Sometimes owners are blissfully unaware that there's a problem. If the dog barks for hours every day—but only when it's left alone—the owner might not know that you're being driven crazy. If you can establish some rapport with the neighbor, try to agree on specific actions to alleviate the problem.
For example, make an agreement that your neighbor will take the dog to obedience school or consult with an animal behavior specialist, or that the dog will be kept inside after 10 p. After you agree on a plan, set a date to talk again in a couple of weeks. You might want to follow up in writing—perhaps via email—with the details of the arrangement, so you know you're on the same page.
Mediators, both professional and volunteer, are trained to listen to both sides, identify problems, keep everyone focused on the real issues, and suggest compromises. A mediator won't make a decision for you, but will help you and your neighbor agree on a resolution. Many cities have community mediation groups which train volunteers to mediate disputes in their own neighborhoods. Or ask for a referral from:. In some places, barking dogs are covered by a specific state or local ordinance.
If there's no law aimed specifically at dogs, a general nuisance or noise ordinance makes the owner responsible. And someone who allows a dog to bark after numerous warnings from police may be arrested for disturbing the peace. If you can't find the relevant law online, go to a law library and check the state statutes and city or county ordinances or call the local animal control agency or city attorney.
Police aren't normally very interested in barking dog problems. And summoning a police cruiser to a neighbor's house obviously will not improve your already strained relations. But if nothing else works, and the relationship with your neighbor is shot anyway, give the police a try.
Almost every community prohibits excessive, unnecessary, and unreasonable noise, and police enforce these laws. To find your municipality's noise rules, look up the local ordinances, either online, at your local public library or the city or county law library usually located near the courthouse , or by calling the office of the city attorney, mayor, or city manager. Most local noise ordinances designate "quiet hours"—for example, from 10 p.
So running a power mower might be permitted at 10 a. Some universally disturbing sounds are commonly banned or restricted. For instance, most cities prohibit honking car horns unless there is danger. This means that the daily early morning tooting across the street for the carpool is a violation. Dog barking and motorcycle noise are two other commonly regulated noises. Many towns also prohibit sustained noise that exceeds a certain decibel level.
The decibel limits are set according to the time of day and the neighborhood zoning. When a neighbor complains, police place decibel level monitoring equipment at a certain distance and take a reading. Fortunately, most communities have local noise ordinances that prohibit excessive, unnecessary, and unreasonable noise. Look for your local noise ordinance, searching in particular for:. Most noise laws designate certain "quiet" times.
Some types of noise might be allowed at some times, but not at others. Your neighbor's drumming might be allowed at 10 a. After you find out your community's quiet times, keep a log for a week or so of when the drumming occurs.
It might seem like the beat goes on and on , but the drumming might not even be occurring during set quiet times. Many communities prohibit sustained noise that exceeds a certain decibel level for residential areas.
Keep notes of noise measurements in your log, along with the time of day you hear the drumming the noise limit will probably vary depending on time of day. Or ask the police to take noise measurements. Most communities have electronic equipment for measuring noise when a neighbor complains. If the drumming noise is below the noise limits, and only occurs within reasonable hours, you probably won't have the law behind you. If however, the drumming exceeds the limits, especially if it occurs outside of designated quiet times, you have some leverage with your neighbor.
In either case, talk with your neighbor noise ordinance and drumming log in hand. Be sensitive now's not the time to criticize the neighbor's drumming skills. Attempt to work out a compromise you'll have more clout if the drumming is also bothering other neighbors—otherwise, you might come off as overly picky.
It's possible that your neighbor is not even aware that the drumming is bothering you. Consider options such as mediation if a conversation with your neighbor doesn't work. If the neighborhood drummer is clearly violating the local noise ordinance, call the police or local code enforcement if you can't work out a reasonable agreement.
The police might issue a warning, and even fine the drumming neighbor if the warning is ignored. Even the best rental properties can be noisy at times, with tenants coming and going, doing home repairs, moving furniture, playing music, having loud conversations, or walking across hardwood floors.
If a neighbor's noise is continuously disruptive, however, you'll want to find the best way to remedy the situation as soon as possible. Excessive noise, whether from loud parties, blaring radios, or dogs barking day and night, violate other tenants' right to peace and quiet.
The following suggestions and tips can help you get a peaceful home and a good night's sleep. In person, explain that the noise levels are disturbing you, and politely ask your fellow tenants to keep it down. In some cases, a congenial smile and request is all it takes.
They may also issue warning notices in response to complaints about noise above permitted levels from 11pm to 7am. If the noise comes from a dwelling the notice must say that the person responsible may be guilty of an offence if noise exceeding permitted levels is made in the period specified. If the noise comes from other premises not a dwelling , the notice must say that the person responsible for the premises may be guilty of an offence if noise exceeding permitted levels is made in the period specified.
The permitted noise level using A-weighted decibels the unit environmental noise is usually measured in is:. In alarm notification areas, owners or occupiers with an alarm must give the council details of a key holder who can enter the property and turn off the alarm. If the occupier or owner fails to give the council details of a key holder, the council can do one of the following:.
If the council needs to use force to silence an alarm, they need a warrant. Find out more about powers of entry. Councils can serve a notice on people carrying out construction or demolition works and tell them how the work should be carried out to avoid a potential statutory noise nuisance. Those failing to comply with the notice can be prosecuted and fined an unlimited amount, with further fines for each day that they fail to comply.
People can also apply for consent to carry out work. They must include details of all the following:. The loudspeaker must be operated solely to do one of the following:. Councils have separate powers to deal with anti-social noise. Find out more about how planners can manage potential noise impacts in new developments. The Environment Agency EA controls some potential noise nuisances with environmental permits as part of pollution control. Text changed under 'Noise at night: warning notices' so it's clear that councils can investigate complaints of statutory nuisance produced at any time of day or night.
Check what you need to do. To help us improve GOV. If you know where the complaint has come from, try to talk to the person or consider trying mediation to resolve the complaint. For more information, see Talking to your neighbour. The law sets out what types of noise should not be heard between certain times from inside a neighbour's home. There are also restrictions on amplified noise, power tools, air conditioners, cars and alarms.
For more information on noise restrictions, see Noise restrictions. If you have breached noise restrictions, the police or your local council may issue you with a warning about the breach.
If you breach the restriction again within 28 days they may give you a penalty notice fine. If this happens to you, you should get legal advice.
If your neighbour made a complaint to the police or local council about noise caused by you or coming from your property, they may have issued you with a noise abatement direction requiring you to stop making the noise. For more information, see Responding to a noise abatement direction. If your neighbour made a complaint about your cat or dog your local council may have issued you with a nuisance order.
For more information, see Responding to a nuisance order. If your neighbour made a complaint about noise and the council believes you can take steps to prevent the noise from occurring again, your local council may have issued you with a prevention notice.
For more information, see Responding to a prevention notice. If your neighbour made a complaint about noise, your local council may have issued you with a noise control notice. For more information, see Responding to a noise control notice. If you live in a strata scheme premises, your neighbour may have made a complaint to the owners corporation, the managing agent or the building manager. All strata residents must follow the strata scheme by-laws. By-laws will usually include restrictions on noise and disturbances to neighbours.
For more information, see Noise complaints in strata. If you are a residential tenant, either in private rental, public or community housing, your neighbour may have made a complaint to your landlord. All residential tenants have an obligation not to disturb the quiet enjoyment of their neighbours. For more information, see Noise complaints about tenants. If your neighbour has a dispute with you about noise, they can apply for a noise abatement order at the local court. This is an order from the court telling you to stop or change the noise.
For more information, see Responding to a noise order. Tenants NSW. NCAT - Tenancy. Housing NSW. Housing Pathways NSW. NCAT - Community schemes. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page.
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