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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  17 years of legal experience including real estate law.
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What to do with a continuously noisy neighbor? Can I sue?

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What to do with a continuously noisy neighbor? Can I sue?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What type of noise is involved and when is the noise occurring? Have you attempted to contact the police with regard to this problem?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

It's a noise from a TV. My downstairs neighbor had it on all night last night. I could still hear the TV this morning at 5pm, and I was wearning ear plugs, by the way.


It's been an old problem and the police has been called in at least twice before, the most recent being Feb. of this year. The current situation with the TV has been going on for about 3 weeks.

Hello again, and thank you for the additional information.

Yes, a suit may be brought under the theory of "nuisance". The relevant code section states as follows:

3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

Here is a link to that section:

Since the neighbor's use of their property appears to be interferring with the comfortable enjoyment of your property, the law would typically provide you with grounds to pursue legal action against the neighbor.

If the neighbor agrees to mediation, that is often a more useful means of resolving such disputes and can be more cost-effective as well.

If you do not wish to look for an attorney or mediator to assist you, then you could pursue legal action on your own through small claims court.

Here is a link to that site:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!



Tina and 2 other Real Estate Law Specialists are ready to help you

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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