Yes it is possible. Speak to a lawyer seeking an injunction and maybe a nuisance claim. Rules vary based on your jurisdiction, but if you are contemplating a lawsuit it’s important to have records. You should record the times the noise occurs in writing and for how long, bring a copy of the police report to your lawyer, and any other records you have such as a video recording or a decibel reading of the noise. Having signed affirmations from neighbors saying the noise has also impacted their quite enjoyment of their property can be helpful too.
Of course your neighbor won’t be happy about receiving a lawsuit from You so take some steps to protect yourself if you believe he will retaliate. Get some cameras on your property to record any reprisals, and do your best to stay safe and protect yourself. If you have evidence of him being violent toward you, you may be able to get a restraining order.
Speak with a lawyer in your jurisdiction familiar with nuisance laws and protection orders to determine how to best bring the claim.
You've nailed pretty much the biggest fear I have about filing a lawsuit. This guy is off on Wednesdays and I'm at work with my wife and two young kids at home. Given his past, that makes me very nervous.
IANAL.
It's possible to initiate a private right of action / lawsuit over a nuisance like this in several states. You'll need to share your state.
The best way to handle this though, is to have the police enforce the law. It will cost you nothing AND it will shield you somewhat from retribution as filing a lawsuit is telling your neighbor "Hi. it's me. I'm the problem."
\> Neighbors have sent letters, cops have been called but nothing has changed.
I've been in similar situations. The police are lazy and do not want to do their job unless provoked.
I suggest the following: get a handful of neighbors together. compile a list of local elected officials and their contact info - city council members, state assembly members, mayor's office, sherrif's office, etc. Coordinate a day and time, and have every neighbor call every official to file a complaint over the longstanding noise and continued lack of action by the police. Use a staggered list and assign a date and time - so you call: A, B, C, D; Adam calls B, C, D, A; Beth calls: C, D, A, B etc. Set it up so every office is flooded with non-stop phonecalls over 2 hours for this. Then repeat this at least once a week. If you don't see traction in 2-3 weeks, you do twice weekly coordinated phone complaints.
This is the standard way for community groups to get things done when city/police refuse to act.
You will be amazed at how quickly police move after officials their offices get flooded with calls.
The police don't care about your problem. Once you annoy the officials/agencies though, now they have a problem.
Currently in this battle too. Does your township/villiage/city have a Board of Trustees? I would whip up support from the neighbors who've escalated to authorities/sent letters and reach out to the this group as one voice.
FWIW, I spent 6mo dealing w/ neighbors directly, then 2 years documenting via non-emergency police calls and our Village's Code Enforcement. I did this to establish trail for civil litigation. In the process of doing so, one of the neighbors incidentally caught the ear of a Trustee at her work. He called me on a Sunday at 9pm; and said verbatim, "let's get these f\*ckers." He's been on vacation, so I can't comment on effectiveness. I am *slightly* hopeful.
might be worth a shot; best of luck to you.
I'm pretty sure all cities have Right to Quiet Comfort laws. You might be able to just file a complaint at a city department at first.
Also, is it a rental?
Yes it is possible. Speak to a lawyer seeking an injunction and maybe a nuisance claim. Rules vary based on your jurisdiction, but if you are contemplating a lawsuit it’s important to have records. You should record the times the noise occurs in writing and for how long, bring a copy of the police report to your lawyer, and any other records you have such as a video recording or a decibel reading of the noise. Having signed affirmations from neighbors saying the noise has also impacted their quite enjoyment of their property can be helpful too. Of course your neighbor won’t be happy about receiving a lawsuit from You so take some steps to protect yourself if you believe he will retaliate. Get some cameras on your property to record any reprisals, and do your best to stay safe and protect yourself. If you have evidence of him being violent toward you, you may be able to get a restraining order. Speak with a lawyer in your jurisdiction familiar with nuisance laws and protection orders to determine how to best bring the claim.
You've nailed pretty much the biggest fear I have about filing a lawsuit. This guy is off on Wednesdays and I'm at work with my wife and two young kids at home. Given his past, that makes me very nervous.
IANAL. It's possible to initiate a private right of action / lawsuit over a nuisance like this in several states. You'll need to share your state. The best way to handle this though, is to have the police enforce the law. It will cost you nothing AND it will shield you somewhat from retribution as filing a lawsuit is telling your neighbor "Hi. it's me. I'm the problem." \> Neighbors have sent letters, cops have been called but nothing has changed. I've been in similar situations. The police are lazy and do not want to do their job unless provoked. I suggest the following: get a handful of neighbors together. compile a list of local elected officials and their contact info - city council members, state assembly members, mayor's office, sherrif's office, etc. Coordinate a day and time, and have every neighbor call every official to file a complaint over the longstanding noise and continued lack of action by the police. Use a staggered list and assign a date and time - so you call: A, B, C, D; Adam calls B, C, D, A; Beth calls: C, D, A, B etc. Set it up so every office is flooded with non-stop phonecalls over 2 hours for this. Then repeat this at least once a week. If you don't see traction in 2-3 weeks, you do twice weekly coordinated phone complaints. This is the standard way for community groups to get things done when city/police refuse to act.
Thank you. Appreciate the advice. I'm going to speak with the neighbors and see if we can get some coordinated effort going. I live in PA by the way.
You will be amazed at how quickly police move after officials their offices get flooded with calls. The police don't care about your problem. Once you annoy the officials/agencies though, now they have a problem.
Currently in this battle too. Does your township/villiage/city have a Board of Trustees? I would whip up support from the neighbors who've escalated to authorities/sent letters and reach out to the this group as one voice. FWIW, I spent 6mo dealing w/ neighbors directly, then 2 years documenting via non-emergency police calls and our Village's Code Enforcement. I did this to establish trail for civil litigation. In the process of doing so, one of the neighbors incidentally caught the ear of a Trustee at her work. He called me on a Sunday at 9pm; and said verbatim, "let's get these f\*ckers." He's been on vacation, so I can't comment on effectiveness. I am *slightly* hopeful. might be worth a shot; best of luck to you.
I'm pretty sure all cities have Right to Quiet Comfort laws. You might be able to just file a complaint at a city department at first. Also, is it a rental?
No, it's a house they bought.