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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If my neighbor is blasting music all the time now and I have

Customer Question

If my neighbor is blasting music all the time now and I have called the police several times in the past and they haven't done a thing. Can I take her to court? The police said that as long as it's after 6am and before 10pm there is nothing I can do about
it. Is that true? What can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
I am sorry to learn of this situation.
If the local law enforcement will not assist you (you can also try calling the local district attorney/prosecutor's office in addition to the police department - as the lead law enforcement agency they may take a more aggressive stance than the police department), you may need to file a private cause of action for "private nuisance" against your neighbor in civil court (see: http://www.liebermanblecher.com/aop/nuisance-claims/how-to-handle-your-noisy-neighbor/)
Here is a guide to these actions from neighboring New York state (the cause of action is very similar, and the handbook is well drafted for this particular cause of action): http://www.liebermanblecher.com/aop/nuisance-claims/how-to-handle-your-noisy-neighbor/, but this cause of action is recognized in New Jersey, see: http://www.kostrolaw.com/NJFamilyIssues/2014/06/02/noise-may-constitute-an-actionable-private-nuisance/.

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