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I want to take legal action against the owner of the

I want to take...

I want to take legal action against the owner of the property next door for allowing his tenant to consistently violate the city's noise ordinance. Is this possible?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Tucson, Arizona. The city has a noise ordinance.

Lawyer's Assistant: Has anything been filed or reported?

I've filed 2 online police reports and contacted my city councilman several times. The police have been out two or three times to tell this person he needs to keep the noise down but that only lasts for a few days. I asked the city to contact the property owner but I don't know if they did.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The hours and hours of loud music makes me physically ill. I can't get away from it. Even with all my doors and windows shut I can still her the persistent thumping beat and base throughout my house.Out in my yard I can hear the music and the beat. My house is 20 feet from the property line. This rental unit is about two feet from the line. The city's noise ordinance prohibits music that can be heard past the property line.

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Answered in 2 minutes by:
3/8/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,225
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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When you speak to the landlord about the noise, what does the landlord say?

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Customer reply replied 1 month ago
I haven't spoken to the landlord myself. It is a LLC in Rio Rico, AZ. I only have the address which I got from the county records.
Customer reply replied 1 month ago
I don't want to talk on the phone right now.

We can continue with the Q&A. You have a nuisance claim against the tenant. Have you considered suing the tenant in court?

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Also, you would want to notify the landlord to stop the noise. If the landlord fails to stop the excessive and unreasonable noise, you may consider filing a lawsuit against the landlord for tolerating a nuisance as well as the tenant.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
I've thought about it but wondered if it might be better to go after the property owner. The tenant is pretty nasty. Are you saying I should write to the property owner? Would that letter be more effective coming from an attorney?

Yes. You would first write the property owner. A letter from an attorney would be more effective.

As I mentioned, if the landlord fails to stop the excessive and unreasonable noise, you may consider filing a lawsuit against the landlord for tolerating a nuisance as well as the tenant.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
When I write to the property owner should I threaten a lawsuit or just ask him to deal with the noise?
Customer reply replied 1 month ago
Do you know how I can get the tenant's full name? I only know his first name.

I am not sure how you can get the tenant's full name because you have no standing with the Post Office to get it. The attorney would write the demand letter. At the bottom of a typical demand letter, it states something like failure to rectify the situation may result in judicial intervention (which means you may have to go to court). It is not a threat but a fact. It depends on how it is written too (what tone). But it is good to let the landlord know you are serious about it too.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
The city councilman told me that I need to record the noise coming from the property, creating audio files that are date and time stamped, before the city will do anything else. I don't know how to do this as the recorders I've tried using pick up the conversations from next door but don't record the irritating thumping beat and bass. Do I need recordings in order to file a lawsuit?

Recording would be nice evidence but it would not be necessary for the lawsuit. You could have witnesses too.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
Sorry but I don't understand. Would it be best for me to write to the property owner first and he doesn't take action then have an attorney write a demand letter? Or would it be better if the initial letter come from an attorney?

In this situation, since it is a company, it may be better just to get the attorney to write the letter because a company will take it more seriously. It is up to you, which way you want to go. When you talk to your attorney about it, you can come up with a strategy.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,225
Experience: Helping you with your legal questions.
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Customer reply replied 1 month ago
Okay. Thanks so much for the advice. It was very helpful!

You are welcome!

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Customer reply replied 1 month ago
One more question. What kind of an attorney do I need to contact? Someone who does Real Estate law or something else?

A Real Estate attorney who does litigation. Or a Commercial Litigation attorney who knows about real estate.

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Customer reply replied 1 month ago
What about the city. Aren't they obligated to enforce their ordinances?
The city has an obligation. Apparently, they are saying that they need more evidence.
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Customer reply replied 1 month ago
I have kept a log of all the dates and times and what's been going on, but I guess that's not enough for the city. This has been a problem since last summer, and it needs to stop or I will have to sell my house and move (I've been here over 30 years). I can't take the persistent relentless thumping beat. It makes me crazy. Not to mention that I can't enjoy being out in my garden. Thanks again for your help. I will contact an attorney and hopefully that will put an end to it.

You are welcome again. Take care.

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