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My neighbor rents his house to a family. They are out in…

My neighbor rents his...

My neighbor rents his house to a family. They are out in their backyard everyday and all day long. They make a lot of noise. is there anything I can do?

Lawyer's Assistant: What steps has your neighbor taken so far? Has he prepared or filed any paperwork?

Nothing. The owner doesn't live in this state. The family in the house is the issue. The owner doesn't care. He is happy to have renters. This is a very nice neighborhood. I have to keep my windows closed all day because of all the screaming kids

Lawyer's Assistant: Where is the house located?

Sparks,NV

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

No, I am wondering what options I have besides calling the police after 10pm

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Answered in 2 minutes by:
5/17/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,323
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I’m sorry to hear about this situation. There is something you could do about it. You could call the police and make a noise disturbance complaint of course; however, there is also civil action you could take because of the noise.

This appears to be what’s called a private nuisance. A private nuisance occurs when a person substantially interferes with the use and enjoyment of the land of another. To establish this claim, the party alleging the nuisance would have to claim that the defendant created a condition that was harmful to the plaintiff’s health; was indecent/offensive to the senses; was an obstruction to the free and ordinary use of the plaintiff’s property; or was some otherwise dangerous condition as a part of their claim. The plaintiff must also show that this conduct interfered with the plaintiff’s right to use or enjoyment of the land and that a reasonable person would be annoyed by this conduct. To help make sense of this, imagine if a neighbor burned their leaves every day and the fumes went onto the plaintiff’s property. If the plaintiff was never home, they would not have a nuisance claim. On the other hand, if the plaintiff lived next door full-time, and the fumes kept them from going outside, they would have a nuisance claim. You may want to consider just writing a cease and desist letter advising about the merits of the nuisance claim. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation.

How else can I help you today?

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Customer reply replied 3 months ago
What happens after the cease and desist letter if they keep up the noise outside. Do I take the owner to court

Good question. Yes, you could call the sheriff's department or the local PD. But if you can't get any satisfaction, you can take them right to a county small claims court and ask the court for financial damages and an order that they not cause such noise. You may want to see if there are any local town noise ordinances as well that they are violating.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 3 months ago
No, Thank you very much!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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