Can I file any type a civil suit against noisy and disruptive neighbors when my apartment complex will not intervene?
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Can I file any type a civil suit against noisy and disruptive neighbors when my apartment complex will not intervene?
I have complained about my upstairs neighbors and their noise since their first week moving in. My apartment community will not deal with it and the on-site Security Officer has spoken with them on numerous occasions. There has to be something that I can do on my own.
Asked on September 21, 2011 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may be able to do one or both of the following, but since neither is necessarily easy or straightforward, you should speak with an attorney before doing anything:
1) You may be able to file a nuisance complaint against the tenant directly, and possibly against the landlord for the fact that he is allowing his tenant to create a nuisance.
2) It may be possible to bring an action against the landlord for allowing violations of your right to quiet enjoyment, and therefore seek either monetary compensation or a court order forcing him to take action.
In addition, contact city hall: there should be noise ordinances on the books. Find out the allowed decibel levels for different times of day and night. Rent or buy a decible meter and test; if it looks too high, you can contact the police or other authorities.
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