S***7
发帖数: 657 | 1 来来来，又到了发言的时候了。我来给大家说说正确的对付noisy邻居的方法。
第一， 大家要知道，无论是谁，对自己的house or apartment的使用都没有绝对的
自由。比如说噪音，city or county一般都会有对噪音控制的ordinance；如果你有
home owner’s association, 那么所有在你小区的房子都会有restrictive covenant
对噪音的管制（restrictive covenant在你的deed上可以找到）。所以如果你的邻居经
常大声的放音乐，那么你就有权去制止。
第二， 要怎么制止呢？找到这篇很不错的文章，大家自己去看看吧http://realestate.findlaw.com/neighbors/what-to-do-about-a-neighbor-s-noise-faqs.html
附注：此文没有强调HOA的作用，实际上HOA的作用可以很大的。对于有HOA的筒子，可
以向HOA反应，他们的job之一就是enforce restrictive covenant。HOA一般先会对你
的邻居采取以下步骤，一口头警告，二书面警告，三罚款，四sue你的邻居。懂法律的
HOA都会帮你处理这件事，因为如果他们不作为，到时你可以连他们一块sue。
第三， 如果自己搞不定，就找lawyer吧。总之，你不必畏畏缩缩的受气。
希望对大家都帮助。 | S***7
发帖数: 657 | 2 原文copy在这里：
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Everything you wanted to know about your noisy neighbors.
My neighbors are so noisy, are they breaking the law?
It's a good bet that your neighbors are in fact breaking the law. In almost
every community, there are laws and ordinances that prohibit excessive,
unnecessary and unreasonable levels of noise. Most of the time, these laws
are enforced by the police. If you are curious about the laws in your area,
you should look them up.
There are a number of ways you can find out about the noise laws in your
area. A great place to start is on the internet. Most county and city
webpages have links to the noise laws in the area. You can generally find
your county's or city's webpage by doing a simple search online.
Another way to find out about the local noise laws in your area is to visit
sites like FindLaw. Lastly, if you have been struggling with these options,
you can always take a trip to visit your local library or city/county
government office. Many times, librarians, clerks, and other government
officials are more than willing to help you find the laws that you are
looking for.
When you do find the local noise ordinances that apply to the area that you
live in, don't be surprised to find out that the laws set aside certain
times of the day when there is supposed to be a general quite. These hours
range and depend upon the day. For example, the laws in your city may
designate this quite time to be between the hours of 11p.m. and 6a.m. Monday
through Friday, and from 11p.m. to 8a.m. on Saturday and Sunday. So, if the
construction on the house next to you starts up at 6 in the morning on
Saturday, they may be in trouble.
In addition, many cities and towns also have some prohibition on sustained
noise levels above a certain decibel. If, for instance, your neighbor
insists on playing hardcore metal rock at a very high level from noon till
9p.m. he could be violating this law. If a neighbor complains about such a
noise, the police will often investigate by placing a decibel meter near the
property line and take a reading over a period of time.
How should I go about talking to my neighbor about their noise?
So, you've been hearing your neighbors' noise for quite some time, but what
should you do about it? Generally speaking, there are two different types of
reactions to noisy neighbors. First, there is the angry reaction. This
reaction never really gets much accomplished. The second reaction is the
resignation reaction. You become resigned to the noise, thinking that there
is nothing you can do about it but move. This, too, is an undesireable
reaction since it will accomplish nothing. Often, the resignation reaction
can turn into the angry reaction, given enough time. To avoid the negative
consequences of these two reactions, here are some suggestions about how you
can approach your neighbor about the excessive noise.
Talk. Plain and simple. Rather than having a shouting match across the fence
, try instead to ring their doorbell and ask to have a conversation about
the noise. If done politely and respectfully, the noise problem may go away
without any further incidents. By talking, you may bring your neighbor's
attention to a problem he did not even know existed. For example, if your
neighbor's stereo turns on automatically each day at 11a.m. for thirty
minutes, your neighbor may not be aware of this because he is at work each
day.
Give a warning. This is the next step to take after having a conversation
with your neighbor. If talking did not accomplish anything, at least you let
your neighbor know that there was a problem with the noise. You can then
give a warning to the neighbor by sending him a copy of the local noise
ordinances with the relevant parts underlined or highlighted. Along with the
laws, you can also attach a note detailing what you think the problem is.
Keep copies for your own records.
Also, if you happen to live in a planned community or some other
neighborhood that has a housing agreement, you can also send a copy of that
agreement with the relevant portions highlighted again. There are often
covenants against noise contained in these agreements as well as in
residential leases. Send a copy of your complaint to the homeowner's
association or landlord. These people have more authority than you and may
be able to solve the problem without the involvement of police.
Mediation. This is one step before going to the police and only necessary if
you enjoy a good relationship with your neighbor and want it to continue.
The mediator will invite you and your neighbor to sit down together and try
to hash out a solution to the noise problem. These mediation services are
generally available in most cities and sometimes are free or low-cost.
Call the Cops. If nothing has worked, you should call the police. You can
show the police that you have attempted to solve the noise problem on your
own, but that your neighbor continues to violate the noise ordinances. At
this point, the police may come in and investigate.
Your best bet is to call the police during a period when you feel the noise
ordinance is being violated, or giving the time period in which the
violation repeats itself (example noisy music at midnight, every night). By
doing so, you have the best chance of the police being able to monitor and
evaluate the noise level when it is going on.
File a lawsuit. This is the last resort. If the police fail to investigate (
some cities only allow police to investigate if two or more people complain
about the noise), or otherwise do not judge a noise violation, you can file
a claim in small claims court. Most small claims courts are easy to navigate
because they are designed for citizens, not attorneys.
Can I sue my neighbor for making too much noise?
Sure you can. If neighbors' noise is bothering you and nothing you have done
to resolve the situation has worked, you have every right to file a lawsuit
. Generally speaking, there are two different remedies that can be sought
from such a lawsuit. If you want money damages, you could probably get away
with filing a lawsuit in small claims court. However, if you seek a court
order from the judge directed at your neighbor to cease and desist making
the noise, then you will have to file suit in regular civil court.
No matter which court you choose, however, your ultimate goal is to stop the
noise. You may think that a court order from regular court is the biggest
deterrent, but you'd be surprised what a money judgment can do to quiet a
noisy neighbor. Often times, a money judgment is better at stopping a noisy
neighbor from continuing to be a nuisance than an actual judicial order.
Better still, small claims courts are designed to be easily accessible and
don't require that you hire an attorney.
In order to win your case in small claims court, you will need to prove that
there is excessive and disturbing noise and that your neighbor is the
source of the noise. Next, you will need to show that your quiet enjoyment
of your home is being disrupted and that you have previously asked the
person to stop making the noise. You will need evidence to prove your case.
Evidence can be found in copies of documents requesting that your neighbors
quiet down, witnesses, recordings of the noise and even your own testimony.
One often asked sub-question in this category is how much should you ask for
in your small claims suit. In most states, small claims judgments are
limited to maximums ranging from $2,500 to $7,500. A good starting point is
$20 to $30 per day that the noise disrupted you. If your job performance was
affected (perhaps you work from home), or you cannot get sleep because of
the noise, asking for $100 per day is not unreasonable.
Does my landlord have a duty to silence noisy tenants?
The short answer is yes. If you have a noisy neighbor in an apartment
building or other residential lease property, then the landlord has a duty
to try to keep the tenant quite. Almost every residential lease or rental
agreement contains a "quiet enjoyment" clause that gives tenants the right
to occupy their rented premises in peace and free from outside disturbances.
This runs both ways, as tenants are expected not to impinge upon the quiet
enjoyment rights of others. A landlord's duty is to enforce both sides of
this agreement.
When your neighbor in your apartment building keeps you up at night by
practicing the drums for his band, the tenant is most likely violating the
quiet enjoyment clause of his rental agreement. Your landlord has a duty to
try to keep that tenant quiet and can often tell the tenant to stay quiet or
face eviction.
What can I do about my neighbor's dog that barks constantly?
Ah, man's best friend Well, at least dog is man's best friend when he's not
barking in the wee hours of the morning. Problems with barking dogs can
normally be solved without the intervention of the police, animal control or
the courts. If you do end up having to involve some sort of official, it is
always best to be able to show that you made some sort of effort to solve
the problem before resorting to official action. Here are some steps that
you can take to try to resolve a neighbor's noisy dog.
First -- Talk to your neighbor about the problem. Much like problems with
human created noise, the first step to take is always to ask the owner of
the dog if he is aware of the problem. Sometimes, this is all it will take.
If the dog only barks when the neighbor is not home, your neighbor may not
even be aware of the problem and will be happy to fix it.
The best course of action is always the simplest. Try to figure out how to
solve the problem by just talking with your neighbor. If you like dogs, you
can offer to watch the dog while the neighbor is out of the house. Or, you
can suggest that your neighbor enroll his pet in an obedience school that
will teach the dog not to bark when the neighbor is out. You can also agree
that the dog will be kept inside after a certain time during the night.
Second -- Mediation. Again, there are a number of mediation services that
are offered in most cities. Many of these services are staffed by volunteers
and offer free to low cost mediation. These services help neighbors come
together in a non-threatening atmosphere and identify problems and suggest
possible solutions. Mediators won't make decisions for you, but they can
help quite a bit.
You can find mediation services by asking for referrals from your local bar
association, the small claims court clerk's office, or the local district
attorney's office.
Third -- Find the law that governs the situation. Some cities have laws that
specifically address noise problems coming from loud, barking dogs. If your
city does not have such a law, you should look up laws that are classified
as general noise ordinance laws. These laws will make the owner of the dog
responsible for the noise problem created by the dog. If, after numerous
warnings from the police, there is still a noise problem from the dog, the
owner may be cited with disturbing the peace.
You can find out what laws apply where you live by looking them up online at
your city or county's webpage. These laws can also be found at your local
public library where a librarian will probably be happy to help you find
them. In addition, the local animal control agency should also be able to
provide you with the necessary information.
Fourth -- Contact your local animal control agency. In addition to catching
stray dogs and cats, animal control agencies are sometimes tasked with
issues regarding animal noise complaints. If you are curious, a simple phone
call can tell you all that you need to know.
Fifth -- Call the police. Calling the police should be a last resort. If
nothing else has worked and you still can't get any sleep, getting a police
officer to knock on your neighbor's door may led you to a happy result. Keep
in mind, however, that the officer may indicate that you were the one to
call in the noise problem, which may strain or end any relationship that you
have with your neighbor.
Can too much noise hurt me?
Yes. According to the National Institute on Deafness and Other Communication
Disorders (www.nidcd.nih.gov), noise of only 85 decibels (60 decibels is
the sound of a normal conversation) can cause noise-induced hearing loss.
Chainsaws, jackhammers and other heavy equipment normally ring in at over
100 dB, and other sounds are regularly above 85dB as well. For example,
regular exposure to sounds over 110 dB can cause permanent hearing loss,
while sustained sounds over 100 dB can also cause damage to your hearing.
- See more at: http://realestate.findlaw.com/neighbors/what-to-do-about-a-neighbor-s-noise-faqs.html#sthash.TU7Vo64A.dpuf | s******2
发帖数: 852 | 3 好帖
almost
,
【在 S***7 的大作中提到】
: 原文copy在这里：
: **************************************
: Everything you wanted to know about your noisy neighbors.
: My neighbors are so noisy, are they breaking the law?
: It's a good bet that your neighbors are in fact breaking the law. In almost
: every community, there are laws and ordinances that prohibit excessive,
: unnecessary and unreasonable levels of noise. Most of the time, these laws
: are enforced by the police. If you are curious about the laws in your area,
: you should look them up.
: There are a number of ways you can find out about the noise laws in your
| x*****i
发帖数: 4035 | 4 really useful. thanks for sharing
almost
,
【在 S***7 的大作中提到】
: 原文copy在这里：
: **************************************
: Everything you wanted to know about your noisy neighbors.
: My neighbors are so noisy, are they breaking the law?
: It's a good bet that your neighbors are in fact breaking the law. In almost
: every community, there are laws and ordinances that prohibit excessive,
: unnecessary and unreasonable levels of noise. Most of the time, these laws
: are enforced by the police. If you are curious about the laws in your area,
: you should look them up.
: There are a number of ways you can find out about the noise laws in your
| p**********g
发帖数: 9558 | |
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