How to Complain About Loud Music in an Apartment Building

Noisy neighbors must understand the limitations on how loud they can be.

You have a right to peace and quiet in your apartment. If you have neighbors who play loud music that encroaches on your living space, you have the right to complain and have the music stopped. The law is on your side. To stop the noise, you will need to follow a series of steps to show you've made a good faith effort to address the problem. By doing this, you can justify the more severe actions you must take if your early actions do not work.

Instructions

1. Talk to your neighbor, during the day, to discuss the music problem. Calmly explain that you can hear the music clearly and that you are unable to sleep or enjoy the quiet of your home. Ask politely if your neighbor can lower the volume level of the music. After the conversation, document your effort by writing down when, where and with whom you had the discussion, along with a summary of the conversation.

2. Write a formal letter to your neighbor. Explain that you are requesting in writing that your neighbor stop playing loud music. Give the dates and times when the music was excessive. Also make reference to the verbal conversation that you had regarding the matter and indicate that the music problem has not gotten better. Keep a copy of this letter for your files. Send it to your neighbor via certified mail so you have proof that you sent it.

3. Give your neighbor a copy of the local noise ordinances. Every city has noise laws available on the city’s website, or you can go to the local courthouse and ask for a copy. Deliver a copy of these ordinances to your neighbor. This will eliminate the possibility of your neighbor claiming he was unaware of the laws regarding apartment noise. Make a note that you delivered the noise ordinances and give the date that you did so. Deliver the ordinances separately from your formal letter so that your neighbor will focus on the law instead of on your complaint. This will reinforce your position because it will make it clear that the law is on your side.

4. Call your landlord. Explain the steps you have taken to have the noise stopped and request that your landlord contact your neighbor about the problem. Write down the date and time that you called the landlord and ask for a copy of any correspondence that is sent to your neighbor.

5. Suggest mediation. Many cities offer mediation services for disputes between neighbors. These services are often free or offered at a very low cost. Contact a mediator and request mediation with your neighbor. The mediator will contact your neighbor and set up a mediation session. Your neighbor does not have to agree to the session, but you will be able to show you have made a reasonable effort to resolve the matter

6. Call the police. The police will respond to noise complaints. You will be more effective if you can get the police to come while the noise is occurring. When the officers arrive, speak with them and show them your documentation of the efforts you have made to stop the noise. The police will be more sympathetic to your plight if you can show that you didn’t call them first thing and that you have made an attempt to address the issue yourself.

7. Sue your neighbor. You can go to small claims court and ask your neighbor to pay part of your rent. You have legal recourse to do so because you are entitled to the peaceful enjoyment of your home, and anyone who routinely disrupts that enjoyment is denying you the full use of your property. The "peaceful enjoyment of your home" is a legal right you are entitled to when you rent or lease an apartment. The phrase may be included in your lease, but even if it is not, it is a generally accepted and implied legal right for all apartment dwellers.

8. Ask for your lease agreement to be reviewed. You should be aware that the landlord and the management company may not be the same entity. The person you complain to about the noise may actually be the building superintendent, whereas the management company that employs that superintendent will handle legal matters, such as lease agreements. Your lease gives you the right to the full use of your apartment. You can make the case that you are being denied that right by your neighbor. The management company will be aware that a lease offers you that right and will write a letter to that effect to your neighbor. The company may even start eviction proceedings against your neighbor.

Tips & Warnings

• Do not get into altercations with your neighbor. Once a disagreement escalates to yelling and even physical violence, it is very hard to convince authorities you are taking reasonable steps to remedy the situation.

References

• Collins, Dobkin and Miller: How to Get Neighbors to Turn Down the Noise
• Apartment Ratings: How to Get Neighbors to Turn Down the Noise