Realty Times July 27, 2000

How to Approach a Noisy Neighbor Without Losing Your Cool
by Courtney Ronan

One of the best aspects of being a single-family homeowner is that you don't share common walls with strangers. Electing to purchase a free-standing, single-family home is a trade-off of sorts. Those who prefer to live in a high-rise condominium or an apartment don't have to worry about yard maintenance, something that single-family homeowners always to have to fit into their weekend schedules (or their budgets, if they decide to pay someone to do the job). It's interesting that many aging baby boomers, retirees and even young professionals are deciding to rent apartments and purchase high-rise condos featuring a wide array of luxury amenities -- all of them with common walls and potential noise problems. Rents and asking prices for such residences continue to climb, and while the conveniences associated with this lifestyle are many, tenants and owners will always have to deal with that age-old problem of communal living: noise.

Whoever came up with the idea that counting sheep helps you sleep never had a noisy neighbor. You know what I'm talking about: It's 10 p.m. on a Sunday night, you're exhausted, and you've decided to turn in earlier than usual in hopes of resting up for the work week ahead. Your neighbor has other plans. Ten o'clock is precisely the time when he's fired up. As soon as your head hits the pillow, his hand hits the mega bass button on that super-powered stereo with sub-woofers ... the one that sits directly below your bedroom. The only thing separating you from that stereo is a paper-thin floor/ceiling. You begin to hum the lyrics to Metallica's latest hit (I use that term loosely) as your floor vibrates.

As you alternately stew and fantasize about locking your noisy neighbor in a closet next to a boom box playing Barry Manilow's greatest hits on perpetual auto reverse, your stress level rises. Sleep is long forgotten. You arrive at work the next morning a complete zombie. And this isn't the first time you've had to listen to metal mania come bedtime. What recourse do you have? Some people seem to fear confrontation worse than death. Many of us would rather deal with sleepless nights than rock the boat and complain to the landlord, or worse, have a face-to-face talk with a noisy neighbor.

If you're consistently being disturbed by a noisy neighbor, the first step you should take is to obtain a copy of your city's noise ordinance. The ordinance outlines "quiet hours" (for example, 10 p.m. until 8 a.m.) and states guidelines for acceptable decibel levels. "Third-shift" workers -- in other words, those who work all night and sleep during the daytime -- may not have a leg to stand on if they wish to file a complaint about a neighbor who's noisy during the day.

Most noise ordinances also will delineate what constitutes a "nuisance" and what doesn't. For example, if your job requires you to rise extremely early and you go to bed at 7:30 p.m., complaining that the teenagers next door are playing basketball underneath your window at 8:30 p.m. probably won't get you any results. You could speak to the teenagers, of course, but don't be surprised if you're met with resistance; 8:30 p.m., after all, is hardly unreasonable. A few more scenarios: A neighbor who starts his weedeater at 9:30 a.m. isn't a nuisance, but a neighbor who fires up the weedeater at 7 a.m. may, in fact, be a nuisance. If you're a telecommuter who works from your home during the daytime, and your third-shift neighbor decides that noontime is the perfect time to have a sing-along with her Whitney Houston CDs, you're probably out of luck, unless the noise level is so outrageous that you're hearing Whitney's every lyric.

The scenario mentioned earlier -- in which your neighbor cranks up the stereo at 10 p.m. -- probably is, indeed, a violation of your city's noise ordinance, and a bona fide nuisance, particularly if this is a consistent pattern. What else is typically considered a nuisance? Frequent arguing and door-slamming in the early morning hours; noisy vehicles that come and go throughout the night; or a night-owl neighbor who decides that 3 a.m. is the perfect time to vacuum or run the washing machine.

With a copy of your city's noise ordinance in hand, you can approach your landlord first and state your case, basing your argument on the terms outlined in the ordinance. Your landlord is legally required to adhere to the terms of your city's noise ordinance. If the landlord fails to address the issue with your neighbor and the problem continues, speak to your other neighbors, and find out if they've been bothered by the noise. If they've been kept awake or disturbed by the noise, ask those neighbors to approach the landlord, too. Some landlords and/or management companies will incorrectly assume that an individual's complaint reflects an isolated incident, and therefore, they won't act unless they're approached many times about the same problem. As the old saying goes, there's strength in numbers, so urge your neighbors to follow your example. A landlord who wants to keep his tenants will take measures to rectify the situation.

If you're a bit bolder, you way wish to bypass the landlord and speak to your noisy neighbor directly. By all means, practice a little tact. Rehearse what you're going to say to him or her before you speak. The worst thing you can do is to spill all of the resentment you've harbored throughout the months of sleepless nights. Be friendly. Your neighbor may not even be aware of the noise he/she is causing (perhaps because you're not noisy, and your activities aren't disruptive). You can, through an attitude of helpful cooperation, determine a time frame which is acceptable for higher levels of noise, or even persuade him to keep the noise level down at all hours.

If the problem remains after you speak to your neighbor -- or, in the worst-case scenario, you're met with a bad attitude or an even higher noise level out of spite -- ask your fellow neighbors to approach the "nuisance" and plead their cases, as well. Once again, strength often results from numbers (i.e., multiple complaints). If the nuisance merely hears your complaint, he/she is likely to label you overly sensitive or easily bothered and dismiss your case. Urge every neighbor who approaches the nuisance to remain pleasant while addressing the problem. If your fellow neighbors have young children, this argument often holds more weight; for example, the neighbor's loud music is keeping the children awake at night. After anyone approaches the noisy neighbor -- be it yourself or your fellow peace-seeking neighbors -- be sure to document the date of your complaint.

If the noise still continues, your neighbor has a lot of nerve -- that's a given. At this point, you'll want to give that neighbor a last-chance opportunity to turn down the volume. Write him/her a letter that reiterates the problem and documents the dates on which you and your neighbors approached him/her about the noise. Make sure that you state in your letter that you've made copies of it both for yourself and your landlord/management company, and you will be speaking to the landlord/management representative about the continuance of the problem and the measures you and your fellow residents have taken to date in an attempt to alleviate the problem. Attach a copy of your city's noise ordinance to your letter.

Beyond this concerted effort, there's not much you can do short of calling the police or contacting an attorney well-versed in real estate law. Once again, if your fellow neighbors call the police, too, the problem will be magnified and action is more likely to be taken. Your noisy neighbor could even be evicted, depending upon the circumstances.

In some cases, residents decide that the problem has become more trouble than it's worth. Frequent attempts to resolve the problem haven't produced results, and so residents decide to move. If you decide to leave before the expiration of your lease, you'd be wise to call an attorney who specializes in real estate to determine if you can vacate your unit without financial penalties, in light of the persistent nuisance.

Assuming that your fellow residents have already complained on deaf ears, or that your landlord is aware of the problem, is a mistake too many people make. Addressing the problem directly and promptly -- and maintaining your composure -- is the approach that leads to results.



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