• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

noisy neighbor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

njliving

Guest
What is the name of your state? New Jersey

Hello,

I recently purchased an apartment in a condominium building. From the first time i played a cd in my living room on my sorround sound system, i have had problems with my neighbors above. They feel that there should be no noise at all heard in their apartment coming from mine. I have done extensive research regarding noise codes and ordinances, and purchased a sound level meter to make sure i have not ever passed the legal limit allowed for noise to be heard in the receiving property line. At no time have i broken the law by playing music in my apartment, nor have i ever played music after 8pm or before 11am. I tried to let them know that i never played music at an excessive level and that they are being inconsiderate, or have broken any laws in the city, county, state, or the association by-laws. Their retaliation to me listening to music, has caused me to call the police on them on more then one occation for banging on my ceiling, once at 1:30am! I have had the super in my apartment, and showed him the level of sound i use to play my music, and he confirmed that it was not loud. These people above have gone as far as going into the basement and turning off my main electrical switch to my apartment, but unfortunately i cannot prove that. The police have never showed up in time to hear them banging neither. At this point there is nothing resloved, and i am trying to find the best startegy to have the home of my dreams, and not nightmare. Bottom line, all the tools and laws show, as well as witness, show that i have never broken the law with the sound level i have been listening to my music. From what i learned about noise laws, they have broken the law more then once, when they were banging on my ceiling, and when they turned off the electricity to my apartment. However, i have no physical proof of their actions, so every time the police come, they tell me it is an unfortunate situation. I know i can go file a harrassment charge against them, but i am not sure where that will get me? Or if i will be able to live peacefully? I know i can also hire an attorney and file a lawsuit, and this would cost me moneys and time i dont have. I would need proof in that case, and i am not sure what is the best way? By videtaping when they are banging on my ceiling? I dont know. If anyone could offer me any advice, or point me in a direction, please help!
 


H

hoenave

Guest
Place this pointing at the electric box

http://www.smarthome.com/7597.html

They have less expensive models that are less stealthy. You could also use a video camera in your house when they are banging on the ceiling. Then file a complaint with your HOA.
 
N

njliving

Guest
hoenave said:
Place this pointing at the electric box

http://www.smarthome.com/7597.html

They have less expensive models that are less stealthy. You could also use a video camera in your house when they are banging on the ceiling. Then file a complaint with your HOA.

Thanks for the link! Its not a cheap item, but if it is acceptable in a court of law, then it is worth it. Could anyone confirm what is acceptable evidence when using video's, in a court of law?

BTW, i am not sure what does HOA stand for?
Thanks for all the info!
 
H

hoenave

Guest
Yes, get confirmation. I may be sneaky, but I am not a lawyer. :p

HOA = Home Owners Associations. Since your in a condo, you would have one.
 
R

richie2

Guest
Loud Music is a BIG problem for many now a days...

No offense, but I think you are at fault here. Think about it - Your neighbour would not complain unless he really is bothered by it - unless ofcourse he doesn't like for some other reason and wants to harass you. It's a fact though that today's music, with the heavy bass sound, coupled with today's stereo equipment which greatly enhances the bass effect, is disturbing to many people. I'm certainly one of them. And I cannot see why in the world people must have their stereo or TV on so loud that their neighbours must hear it as well... People should be more considerate and less selfish. You are in a position where you could use ear-phones to enjoy your music - but what can your neigbour do to avoid getting disturbed? Leave the apartment? No, why should he? He/she lives there and pays for it. It's their RIGHT to be able to live there without having to go bezerk because of you wanting to play your music at a certain level of loudness. Obviously YOU don't think it's loud enough to disturb others - But that might be because you have an entirely different standard of what YOU think is too loud. The fact that others are disturbed by it should be enough for any decent person to take it into consideration. And it really shouldn't be necessary for you to research the laws and rules... The fact that you play loud enough for others to hear your music should be enough for you to understand that they have right to ask you to lower it to such a level where they will not be disturbed! How selfish can we become? As I said, you have the option to use ear-phones - I always do in order to not disturb any of my neighbours. I speak from experience - and a very bitter such.... We had to give up our lovely rent-stabilized apartment in Manhattan because of some totally selfish neighbours who lived above us, and thought that they owned this whole world. The worst thing was that constant bass vibrating through walls and ceiling...boom...boom....boom - It was hell! And we had to move since it was a loosing battle for us. I ask this of you - Think of something that really annoys the hell out of you, and how you feel when you have to live somewhere where you're constantly exposed to this thing which annoys the hell out of you..... How would you feel? How would you react? Really, think about it! That's what you might be causing your neighbours... And there might be more neighbours than one who are bothered by your music, but who don't dare to say anything, because most people don't - they suffer in silence. I'm sorry, but I think you are the one who has violated the rights of someone else here - the rights of your neighbour to be able to live in his/her home in peace.
 
D

demosthenes

Guest
If you absolutely have to listen to music, and perhaps your upstairs neighbors suffer from hyperacusis, what about using sound absorbing foam on your ceiling? And getting your neighbors to foot the bill, or going halfsies, or just footing it yourself? Or how about asking your neighbors to lay down a carpet over the room where you play your music?

Even if you do have the legal right to listen at your current sound level, you're still pissing them off. And if you don't listen to it at all, they're pissing you off. The only solution I can see is some sort of sound absorbing material placed in your apartment, or theirs, or both. Otherwise one of you will always be mad while you live there.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top