Kronovet Realty Company tenant to tenant issues: IE, Noise, Nuisance, Dogs, Parking issues, or other issues that cause tenant to tenant issues.
NOTE: Kronovet Realty Company policy requires a Police or other government issued report or cititation prior to our office contact our law firm for legal services.
The LAPD suggests that noise complaints, from loud TVs to awful parties, are best dealt with by your local police station. Call them at (877) ASK-LAPD (275-5273). Donot call 911. If your neighbor complaint is more of the barking dog variety, try the city's Animal Care and Control Department.Apr 19, 2013
SMPD Neighborhood Nuisances - Noise Disturbance
State penal code 415(2) prohibits any person from “maliciously and willfully” disturbing another with loud and unreasonable noise. To report an acute disturbance that will not subside, call the Santa Monica Police Department at 310-458-8491. You may request the handling officer to contact you to inform you of the outcome of your complaint. Normally, the officer will advise the offending party to cease the disturbance, such as in the case of a loud party.
For ongoing disturbances which cannot be mitigated through diplomacy, you may consider filing an official police report for “disturbing the peace”, a criminal misdemeanor. You can advise the Police Department of your specific intent to do so and assist the officer by providing documentation as to prior efforts made to resolve the problem. By filing a report, you must be willing, if necessary, to proceed with a private person’s arrest and testify in court against the offender.
Your neighbor's dog barks at all hours of the night, keeping you up and agitated. At one point, you nearly picked up the phone and called the police. But have you tried simply talking to your neighbors about their noisy dog? Maybe they're such deep sleepers that they don't even know how loud their canine friend can be. Even if you're sleep-deprived and cranky, it's important to take a reasonable approach to such disputes. Below are suggestions for what to do about a neighbor's noise when it becomes a problem.
Neighbor Noise and the Law: Basics
In almost every community, there are laws and ordinances that prohibit excessive, unnecessary, and unreasonable levels of noise.
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 quiet. These hours range and depend upon the day.
In addition, many cities and towns also have some prohibition on sustained noise levels above a certain decibel. Police will often investigate by placing a decibel meter near the property line and take a reading over a period of time.
How to Confront Your Neighbor About Their Excessive Noise
If you're already thinking about calling the police or a lawyer, you might want to stop and think about less-adversarial ways to solve the problem first. In many cases, they may not be aware of how loud or distracting the noise is to their neighbors. Below are suggestions for how to address the problem, from talking to filing a lawsuit.
- 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.
- Give a warning - 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. 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.
- Mediation - This is 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.