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

What to do with a...
What to do with a continuously noisy neighbor? Can I sue?
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Answered in 1 minute by:
5/1/2013
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
Verified

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.

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Customer reply replied 4 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:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3479-3486

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:

http://www.courts.ca.gov/selfhelp-smallclaims.htm


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

 

Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
Verified
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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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