Legal Question in Civil Rights Law in Pennsylvania

smelly neighbor

I have a problem with my neighbor. He fixes cars and paints them in his garage. When he paints the comes into my house and stinks all day. He does this a couple of times a week. Both me and my wife are senior citizens with health issues. I have called the local police but they say it is not against the law. Can I do something to get him to stop?


Asked on 4/13/08, 10:23 am

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: smelly neighbor

while it may not be against the law, you can get an order from a judge in your county either forcing him to stop painting out of his house, or install some type of equipment to properly vent the work. this is not the easiest type of order to get, but an experienced lawyer in your county should be able to help you. you do have some minimal right to the quiet enjoyment of your own property. don't listen to cops, they aren't lawyers.

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Answered on 4/13/08, 12:18 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: smelly neighbor

It may not be against any criminal law, but if your community has zoning, it is likely against the zoning ordinance for him to do so without the use being approved by the municipality or the zoning hearing board.

Therefore, it may be a violation of zoning law. You should call your municipality's office to see if there is a zoning ordinance, and if so, have them put you in touch with the zoning enforcement officer.

I would have to know more to have any further comment.

Let me know if you need any further help.

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Answered on 4/13/08, 11:42 pm


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