What are my options to force my neighbor to turn down her stereo?

Full question:

I live in New Mexico. My neighbor has her stereo going nearly everyday for most of the day. It is loud enough to hear in my home. I have already left 3 messages for her, asking her to turn down the volume because it is disruptive. So far, she has not complied. What are my options?

  • Category: Real Property
  • Subcategory: Neighbor Relations
  • Date:
  • State: New Mexico

Answer:

There are various strategies for dealing with noisy neighbors. Some of these include:

-Discussing the problem with or writing a letter to the offending neighbor

-Calling the police

-Asking the landlord/coop board to remedy the situation

-Filing a lawsuit for breach of warranty of habitability, peaceful enjoyment, infliction of emotional distress, nuisance, harassment, etc.

-Talk to a councilperson about passing a local noise ordinance

A coop board stands in the position of landlord and is required to rememdy situations which may the premises unlivable. Implied in a tenant's rights is the right of peaceful enjoyment of the premises. Depending on the bylaws, a tenant may be required to have the floor carpeted.

It may be possible to petition your local representative to enact a noise control ordinance if one doesn't already exist. Most local governments have some form of noise control based on either subjective nuisance or disturbance based standards, or an objective decibel based standards, or a combination thereof. Many of the subjective noise ordinances seek to control excessive noise that is of such character that it "tends to annoy, disturb or cause physiological or psychological harm to a person with normal sensitivities." Improvements in sound measurement technology and federal noise initiatives have led to a trend among local governments to adopt detailed objective decibel-based noise regulations that incorporate noise emission limitations and noise assessment criteria. These ordinances are often combined with traditional nuisance based regulations that allow for a two-pronged approach to noise control.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To address noisy neighbors, start by having a friendly conversation about the noise. If that doesn't work, consider writing a polite note outlining your concerns. If the noise continues, you can contact local law enforcement to report the disturbance, as they may enforce noise ordinances. If you rent, inform your landlord about the issue, as they may intervene. If necessary, explore legal action for nuisance or emotional distress.