Legal Question in Civil Litigation in California

Drum banging neighbors

I have asked my neighbors to stop banging their drums or at least insulate the room. They have refused. The police won't do anything. Is their a legal option? Or do I just have to deal with it?


Asked on 2/22/09, 4:59 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Drum banging neighbors

I'm sorry you live next door to drum users.

If I were you I would rent or purchase a decibel meter and start keeping logs of date, time of day, and dBA level. Then look up the Los Angeles city ordinance on the subject. Your decibel meter, plus your detailed logs, could convince the police or a small claims court judge.

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Answered on 2/22/09, 5:10 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Drum banging neighbors

It depends on when it occurs, whether you work at home, whether you have a disability that keeps you at home, etc. Circumstances are important. Keep a log of the times, make a recording of the noise, as Mr. Stone suggests have the noise metered. If it's the same building, have you talked to the landlord? If not the same building, have you talked to their landlord? If all of that has failed, then perhaps -- armed with your evidence -- you could file suit for nuisance, but that should be your last resort.

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Answered on 2/22/09, 5:17 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Drum banging neighbors

You have already been given very sage advice regarding measuring the noise with a decibel meter and preparing a log regarding the specific instances of noise. I would further recommend that before you consider filing a suit for nuisance, check with the HOA board if this is a condo or the property management company if applicable. Speak to a representative and see if there is a covenant, condition, or restriction which your neighbors are violating and seek to have them enforce it.

Taken with all the advice above, I think you have a good action plan without resorting right away to litigation.

However, if you decide to file suit, feel free to contact us.

Best of Luck!

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Answered on 2/22/09, 6:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Drum banging neighbors

You can sue for nuisance and/or seek a restraining order. If you and the neighbors live in the same rental complex, you may also be able to take action against your mutual landlord. If you live in the same condo community or other development, you may be able to pursue the HOA and/or management. Naturally, you should try to work something out before taking any of these entities to court.

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Answered on 2/22/09, 8:59 pm


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