Residential Real EstateHow to Approach a Noisy Neighbor Without Losing Your Cool
One of the best aspects of being a single-family homeowner is that you
don"t share common walls with strangers. Electing to purchase a
free-standing, single-family home is a trade-off of sorts. Those who prefer
to live in a high-rise condominium or an apartment don"t have to worry
about yard maintenance, something that single-family homeowners always to
have to fit into their weekend schedules (or their budgets, if they decide
to pay someone to do the job). It"s interesting that many aging baby
boomers, retirees and even young professionals are deciding to rent
apartments and purchase high-rise condos featuring a wide array of luxury
amenities -- all of them with common walls and potential noise problems.
Rents and asking prices for such residences continue to climb, and while
the conveniences associated with this lifestyle are many, tenants and
owners will always have to deal with that age-old problem of communal
living: noise.
Whoever came up with the idea that counting sheep helps you sleep never had
a noisy neighbor. You know what I"m talking about: It"s 10 p.m. on a Sunday
night, you"re exhausted, and you"ve decided to turn in earlier than usual
in hopes of resting up for the work week ahead. Your neighbor has other
plans. Ten o"clock is precisely the time when he"s fired up. As soon as
your head hits the pillow, his hand hits the mega bass button on that
super-powered stereo with sub-woofers ... the one that sits directly below
your bedroom. The only thing separating you from that stereo is a
paper-thin floor/ceiling. You begin to hum the lyrics to Metallica"s latest
hit (I use that term loosely) as your floor vibrates.
As you alternately stew and fantasize about locking your noisy neighbor in
a closet next to a boom box playing Barry Manilow"s greatest hits on
perpetual auto reverse, your stress level rises. Sleep is long forgotten.
You arrive at work the next morning a complete zombie. And this isn"t the
first time you"ve had to listen to metal mania come bedtime. What recourse
do you have? Some people seem to fear confrontation worse than death. Many
of us would rather deal with sleepless nights than rock the boat and
complain to the landlord, or worse, have a face-to-face talk with a noisy
neighbor.
If you"re consistently being disturbed by a noisy neighbor, the first step
you should take is to obtain a copy of your city"s noise ordinance. The
ordinance outlines "quiet hours" (for example, 10 p.m. until 8 a.m.) and
states guidelines for acceptable decibel levels. "Third-shift" workers --
in other words, those who work all night and sleep during the daytime --
may not have a leg to stand on if they wish to file a complaint about a
neighbor who"s noisy during the day.
Most noise ordinances also will delineate what constitutes a "nuisance" and
what doesn"t. For example, if your job requires you to rise extremely early
and you go to bed at 7:30 p.m., complaining that the teenagers next door
are playing basketball underneath your window at 8:30 p.m. probably won"t
get you any results. You could speak to the teenagers, of course, but don"t
be surprised if you"re met with resistance; 8:30 p.m., after all, is hardly
unreasonable. A few more scenarios: A neighbor who starts his weedeater at
9:30 a.m. isn"t a nuisance, but a neighbor who fires up the weedeater at 7
a.m. may, in fact, be a nuisance. If you"re a telecommuter who works from
your home during the daytime, and your third-shift neighbor decides that
noontime is the perfect time to have a sing-along with her Whitney Houston
CDs, you"re probably out of luck, unless the noise level is so outrageous
that you"re hearing Whitney"s every lyric.
The scenario mentioned earlier -- in which your neighbor cranks up the
stereo at 10 p.m. -- probably is, indeed, a violation of your city"s noise
ordinance, and a bona fide nuisance, particularly if this is a consistent
pattern. What else is typically considered a nuisance? Frequent arguing and
door-slamming in the early morning hours; noisy vehicles that come and go
throughout the night; or a night-owl neighbor who decides that 3 a.m. is
the perfect time to vacuum or run the washing machine.
With a copy of your city"s noise ordinance in hand, you can approach your
landlord first and state your case, basing your argument on the terms
outlined in the ordinance. Your landlord is legally required to adhere to
the terms of your city"s noise ordinance. If the landlord fails to address
the issue with your neighbor and the problem continues, speak to your other
neighbors, and find out if they"ve been bothered by the noise. If they"ve
been kept awake or disturbed by the noise, ask those neighbors to approach
the landlord, too. Some landlords and/or management companies will
incorrectly assume that an individual"s complaint reflects an isolated
incident, and therefore, they won"t act unless they"re approached many
times about the same problem. As the old saying goes, there"s strength in
numbers, so urge your neighbors to follow your example. A landlord who
wants to keep his tenants will take measures to rectify the situation.
If you"re a bit bolder, you way wish to bypass the landlord and speak to
your noisy neighbor directly. By all means, practice a little tact.
Rehearse what you"re going to say to him or her before you speak. The worst
thing you can do is to spill all of the resentment you"ve harbored
throughout the months of sleepless nights. Be friendly. Your neighbor may
not even be aware of the noise he/she is causing (perhaps because you"re
not noisy, and your activities aren"t disruptive). You can, through an
attitude of helpful cooperation, determine a time frame which is acceptable
for higher levels of noise, or even persuade him to keep the noise level
down at all hours.
If the problem remains after you speak to your neighbor -- or, in the
worst-case scenario, you"re met with a bad attitude or an even higher noise
level out of spite -- ask your fellow neighbors to approach the "nuisance"
and plead their cases, as well. Once again, strength often results from
numbers (i.e., multiple complaints). If the nuisance merely hears your
complaint, he/she is likely to label you overly sensitive or easily
bothered and dismiss your case. Urge every neighbor who approaches the
nuisance to remain pleasant while addressing the problem. If your fellow
neighbors have young children, this argument often holds more weight; for
example, the neighbor"s loud music is keeping the children awake at night.
After anyone approaches the noisy neighbor -- be it yourself or your fellow
peace-seeking neighbors -- be sure to document the date of your complaint.
If the noise still continues, your neighbor has a lot of nerve -- that"s a
given. At this point, you"ll want to give that neighbor a last-chance
opportunity to turn down the volume. Write him/her a letter that reiterates
the problem and documents the dates on which you and your neighbors
approached him/her about the noise. Make sure that you state in your letter
that you"ve made copies of it both for yourself and your
landlord/management company, and you will be speaking to the
landlord/management representative about the continuance of the problem and
the measures you and your fellow residents have taken to date in an attempt
to alleviate the problem. Attach a copy of your city"s noise ordinance to
your letter.
Beyond this concerted effort, there"s not much you can do short of calling
the police or contacting an attorney well-versed in real estate law. Once
again, if your fellow neighbors call the police, too, the problem will be
magnified and action is more likely to be taken. Your noisy neighbor could
even be evicted, depending upon the circumstances.
In some cases, residents decide that the problem has become more trouble
than it"s worth. Frequent attempts to resolve the problem haven"t produced
results, and so residents decide to move. If you decide to leave before the
expiration of your lease, you"d be wise to call an attorney who specializes
in real estate to determine if you can vacate your unit without financial
penalties, in light of the persistent nuisance.
Assuming that your fellow residents have already complained on deaf ears,
or that your landlord is aware of the problem, is a mistake too many people
make. Addressing the problem directly and promptly -- and maintaining your
composure -- is the approach that leads to results.