Legal Question in Real Estate Law in Maryland
Sue my neighbors' landlord(s) for neighbors' noise?
My 83 yr. old mother and I live in my brother's condo. It is also the only place we can afford. I just filed my second complaint with our property manager against our neighbors directly upstairs and their friends next door to them for excessively playing their stereos. If no satisfactory action is taken by their landlords to resolve this nightmarish living sitituation we are forced with can I threaten to take their landlords to court and if so, what would be the best grounds and reward(?) to ask for?
1 Answer from Attorneys
Re: Sue my neighbors' landlord(s) for neighbors' noise?
In my experience, noise problems between neighbors in a common ownership community can be extremely difficult to resolve if the parties themselves are unwilling to speak to each other and to be considerate.
The problem can be even more difficult if the neighbors are in fact owners of the units in which they reside rather than tenants.
Courts of law term this kind of problem "nuisance" -- which can be very difficult to prove and prevail upon, esp in noise cases.
Some counties and municipalities (e.g. montgomery county) have noise ordinances. Contact your county. In montgomery county, the police will visit and offer a series of warning followed by an administrative fine.
In many condominium associations there are rules, regulations and provisions of the governing documents that provide grounds for either the association to intercede in such disputes, or which give grounds for suit by one unit owner against another.
In most Maryland counties, the local bar association has a lawyer referral service that will provide a 1/2 hour consultation for a fee of approximately $40 -- it might be sensible for a person in a situation such as this to take advantage of such option. Likewise, in most counties there are pro bono (for free) legal services available for persons of limited means (and in some counties such as Montgomery County, there are also "gray panels" of attorneys who provide advice to senior citizens at greatly reduced rates. Presuming that "friendly" approaches have not worked, some of the above may be helpful.