What Causes A Neighbor Dispute?

Neighbor disputes are common in crowded cities. If you are having an issue with a neighbor, it can be very annoying. A barking dog, banging on the ceiling, or cooking smells can all be annoying, but they may not cross the line and become legally actionable. The test is whether the behavior is “substantial and continuous.” This test determines whether the behavior amounts to a nuisance under the law.

Is Your Neighbor’s Behavior A Nuisance Or Just Annoying?

To take legal action, the behavior of your neighbor must be a “nuisance.” A nuisance is defined by the law as something that is “unreasonable, unwarranted, or unlawful such that it substantially interferes with your ability to live peacefully in or to enjoy your home.” (Wolford v. Thomas, 190 Cal. App. 3d 347, 358 (1987).

Common examples of behavior that amounts to a nuisance are excessive noise coming from a continuously barking dog, a loud stereo or TV set after quiet hours, or continuous banging on the floors or ceiling. Another example of a nuisance is a crime being conducted on the property such as prostitution or drugs sales. A third example of a nuisance is the neighbor is involved in offensive behavior or an activity, like keeping excessive garbage and junk that causes an infestation of cockroaches, rats, or ants.

What Are My Options For Stopping The Behavior?

If the behavior is annoying but does not amount to a nuisance, there are still several things you can do.:

1. Talk To The Neighbor

You can talk to your neighbor and request that they reduce noise levels or eliminate offensive odors. Positive communication with neighbors can prevent disputes from reaching the level where mediation or litigation is necessary.

2. Try Mediation

If your attempt to try to resolve the behavior directly with your neighbor does not work, you can try mediation. Mediation provides an opportunity for both people to express concerns and explore potential solutions.

3. Talk To The Landlord

If you and the neighbor have the same landlord, you can ask the landlord to step in and stop the annoying behavior.

The goal is to try and resolve the issue without the need to go to court. Another benefit is keeping a good relationship with your neighbors and landlord.

IF THE NEIGHBOR’S BEHAVIOR AMOUNTS TO A NUISANCE AND YOU HAVE TO GO TO COURT, WHAT ARE YOUR REMIEDIES?

1. Sue Your Neighbor

A court case can be brought against the neighbor for nuisance. You can sue your neighbor for both money damages and an injunction (an order from the court to stop behavior) to stop offensive conduct. CAL. CIV. CODE § 3501.

For example, If the neighbor bangs on your ceiling continuously for hours every night on purpose which causes you to lose sleep, you may have a case against them.

Even if the court does not order the disturbance to stop, the court can order the neighbor causing the nuisance to pay a money judgment. This may be effective in resolving the disturbance.

2. Sue Your Landlord

Although the nuisance may be caused by another tenant in the building and not by the landlord, the landlord may be held accountable if let them know about the issue and they take no action against the offending tenant. Even though it may not be in writing, all California leases include a covenant of “quiet enjoyment”. CAL. CIV. CODE § 1927. Landlords have a duty to ensure that tenants can peacefully possess (live in and use) their rental unit free of disturbances, and in extreme cases may take steps to evict bothersome tenants to stop a nuisance. Davis v. Gomez, 207 Cal. App. 3d 1401, 1404 (1989).

3. Constructive Eviction

Another potential option is pursuing a “constructive eviction” lawsuit against the landlord. When a nuisance is so substantial to the point that the tenant must move out of the apartment, the tenant may bring a lawsuit against the landlord for constructive eviction after they move.

How To Prepare For Your Case

1. Keep a record of each nuisance incident. Make sure to put in the details like the date, time of the incident and what the behavior was.
2. Try discussing the incidents with the neighbor and/or the landlord to try and work out a solution. Document your efforts.
3. If none of these options work, you can bring a Small Claims case against the neighbor for Nuisance and/ or the landlord for Breach of the Covenant of Quiet Enjoyment or Constructive Eviction. Documentation is key to bringing a Small Claims action. Write a letter to the neighbor or landlord describing the incidents in detail base on your documentation. Demand they stop or the landlord prevents. the neighbor’s behavior. Give them a set number of days to respond to your letter. If they do not do so, you can file a Small Claims action.