can i sue my neighbor for harassment

*If you are not in either of these areas, please contact your local attorney referral service. Small things like continually walking on your property or knocking on your windows to "just say hello" are not legal or appropriate. Yes. The laws do vary from place to place, of course, but most of the time even true problems between neighbors rarely rise to the level of being illegal. As to the first question, you can sue anyone for anything. A neighbor with annoying personal habits who stays on their own property may bother you but isn’t necessarily doing anything to intentionally disrupt your life. If you prefer contacting via email, click here to request a lawyer. Can I sue my neighbor for harassment for making constant… Can I sue my neighbor... Can I sue my neighbor for harassment for making constant noise complaints against me that have yet to be found true? These are criminal charges, and you need a criminal attorney to press charges and get an order for protection. Never forget that you have rights. Harassment is always intentional, but this is sometimes hard to prove. However, if you have neighbor disputes with the people who live next door, you do have options to get a resolution. Can you sue a neighbor for harassment? If a neighbor’s actions continuously interfere with your enjoyment of your property, you can sue to put an end to the behavior. Selassi Fri 22-Dec-17 17:11:19. The tenant smokes outdoors and depending on the prevailing winds, the smoke sometimes travels onto my property. Please can anyone suggest what I need to do next? Search, Get a restraining order if your neighbor is threatening you or acting dangerously, File a police report (the police may not take action but it will at least be on record), Start the process of suing your neighbor for harassment (read on for more information), Derogatory or offensive comments about sexual orientation, your nation of origin, or otherÂ, Repeatedly playing loud music during city "quiet hours" or after you have asked them to stop, Coming onto your yard or bothering your pet after you asked them (or their kids) to stay away, Disorderly conduct on shared property or your property, Claiming they have freedom of speech to say abusive things to you, Any intentional acts to make you move away, Stalking, watching you, or invading your legal rights to privacy, Building or landscaping over the property line (or threats to do so), Review the evidence with the police, your attorney, and possibly the judge, Settle the case for money or another resolution that (hopefully) makes your neighbor stop, Possibly receive a restraining order against your neighbor (they won't be forced to move away, but they must stay away from you and off your property), A restraining order that makes your neighbor stop immediately, Fines or settlements (this money can be useful if you do decide to move to a new home), Your neighbor goes to jail, and they stop the behavior, or you have time to move away, They have any prior misdemeanor (less serious crimes) on their record. I can also help you serve your civil harassment restraining order. Stay up-to-date with how the law affects your life, Name In civil cases for harassment that occurs outside the workplace, you must meet a four-prong legal test to sue for harassment and emotional distress. we have a huge back yard where the three big dogs were. Any harassing behavior over any period of time should be taken seriously. Your lawyer will help you sort through your documentation and can give you advice as to what you should be doing in terms of future evidence, involving the police, and preparing for court. Harassment must be a repeated and intentional act. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. You ask two questions: Whether you can sue your neighbor for harrassment, and what you should do. November 13, 2014 | November 13, 2014. Hearing your neighbor say things that you find insensitive or thoughtless does not automatically equate to harassment. Before you can take legal action … Microsoft Edge. This documentation may be helpful if you are going to sue your neighbor for harassment or obtain a civil harassment restraining order. Can i sue my neighbor for harassment, and filing a false police report - Answered by a verified Family Lawyer We use cookies to give you the best possible experience on our website. You may even find you form a new comradery. Reviewed by Bridget Molitor, JD | Last updated April 30, 2020. You may be accused of harassment if they approach you about the situation and you continue to let your dogs out in the same spot, creating unreasonable noise at the same time every day. But being thoughtful and careful in how … He replied. It is not common for things to spiral out of control in these harassment cases, but you should know that it can happen. Neighbor harassment isn’t usually something that is illegal, at least not at a specific level. There are a couple of different scenarios that could play out if you decide to get the courts involved. Figuring out if the situation is harassment or not can be tricky. A good lawyer will also be prepared to argue against any defense your neighbor comes up with, especially if they try to claim freedom of speech. Q153: My neighbour is harassing me, what can I do? Breach of the covenant of quiet enjoyment is a breach of your lease. Do not be offended if police, attorneys, or judges ask you personal questions about your age, sexual orientation, job, or other things that might feel discriminatory. My mother in law lives with us, and the second hand smoke bothers her. Very large man. One of the most effective ways to get a resolution is to take your issue to small claims court. These two women are single and I feel will use any means to harass me. However, if you have neighbor disputes with the people who live next door, you do have options to get a resolution. State laws vary, yet they require that specific components be set up before your neighbor’s conduct qualifies as a harassment. Even if you used self-help to stop the nuisance, you may still also file a lawsuit against your neighbor for damages. Violating an injunction or restraining order could lead to charges of disorderly conduct and the possibility of jail time. The most common types of harassment include: This depends on the type of harassment and your living situation. I am cutting off the new growth love. After all attempts of talking to your neighbor amicably have failed, to prevent the situation from escalating, you may need to get the police involved and hire an attorney. What are are legal rights to keep him off our property? You could sue the landlord for breach of the covenant of quiet enjoyment since the landlord is not taking any action to stop the harassment by either evicting the culprit or taking other measures short of eviction to stop the harassment. What You Should Do About Neighbor Harassment. Now my neighbor has changed the entire garage door opener and refuses to give me a remote. If the harassment rises to the level of a crime, the police can either arrest a person on the spot or file a charge with a summons to appear in court. Sadly,  some cases escalate and professional intervention becomes necessary. You’ll need documented proof, like previous police reports or proof of medical care after an altercation. You can also choose to sue for emotional suffering or physical injuries. Call your local law enforcement and let them know the details of the matter. He has gone on to make false reports against me with our landlord and police. we had a total of 5 dogs. Can I sue my neighbor for harassment? Ask Your Own Landlord-Tenant Question. Violating an injunction or restraining order could lead to charges of disorderly conduct and the possibility of jail time. This is no longer a civil case if you are being threatened or stalked. You should know the expiration dates of the restraining order, when they may get out of jail, and other facts so you can feel prepared. It is not a sign of love; it is about power and abuse. Show More. (US law and generally) Harassment is a serious issue, and though we might expect it on the street or even at work, it often blindsides us when we are at home. A couple who say they suffered years of abuse at the hands of their next-door "neighbour from hell" plan to sue him for up to £60,000, the sum they … Whether you rent an apartment or own a single-family home, you have to tread lightly when dealing with someone next door. The sooner you take action, the sooner your life will return to normal. A. Yes, you will succeed in having to pay court costs and the legal fees incurred by the person you sue when the judge laughingly dismisses the case. Your safety is the top priority. Keep in mind you will not have a case for things like a neighbor cooking food you do not like. First and foremost, attempt to talk to your neighbor — if you feel safe, of course. If needed, you can show officers the video footage from your surveillance camera. It also appears that continued complaints, so long as they are without threat, are within my mother in law’s legal rights. Tell us about your situation and we'll match you with the best lawyer in the Los Angeles area. 39 views Can the smoker’s behavior be considered harassment if he knows it is bothersome? While you may need more evidence to win the case, all it takes is one bad incident for you to be able to press charges. CIV. You do not want a record of yelling back at them or harassing them back. Neighbor harassment can take many forms, including: Bad smells are a grey area for harassment cases. Your HOA/housing development is free to establish a lot of rules. CODE § 3484. A friendly conversation, free of judgment and attitude, may be all you need to remedy the situation. Just as they can potentially sue you, you can also sue them. Most people like to believe it’s possible to scout out a good neighborhood, but renters and homeowners alike often find themselves surprised. You will testify in court and the judge may issue a fine or punishment, up to and including jail time, if they deem the harassment criminal in nature. Lawyer: barristerinky, Attorney replied 3 months … I'm going to talk to him about it and ask him to tell his step kids to stop it. It is a smart move to do a free consultation with an attorney to understand what kind of case you are looking at. You may sue for property damages, damages related to loss of work, or even for a restraining order or injunction. For more, read this article on California Trespassing Laws. I have reported to the Police because now my garden in areas is less secure. Too often, we are told to "just deal with it," or that bad neighbors are a part of life. Please try again. Now let's say the same neighbor throws something else at your dog a week later, causing or threatening harm. Call the police immediately in instances of physical violence or if there is any form of threat, be it verbal or otherwise. We have asked him to leave twice. By law, you have the right to safety in your home. I am a homeowner in Woodland Hills, within the City of Los Angeles city limits. You’ll want to start keeping a written log of incidents, including dates, times, and details. Let them know your neighbor is entering your property without permission and removing your fencing. List of her petty complaints: 1. we were dogsitting for a few friends, she didn't like the # of dogs at that short period of time, so she TURNED US IN! “Some examples would be unreasonable noise or secondhand smoke,” says Goidel. Can I Sue My Neighbor for Harassment? Sue my neighbour for years of harassment (5 Posts) Add message | Report. This article will outline what constitutes harassment from a neighbor. The type of attorney you need may depend on the specifics of the issue. We recommend using You might ask them to stop and both of you start arguing. Instead, harassment entails repeated and intentional acts. Keeping confrontations polite or simply walking away will work in your favor. Yes. In these cases, if a resident is experiencing harassment and the association fails to take action, your association can be at risk for a lawsuit. Let’s say your visit didn’t work but your concerns don’t warrant a call to the authorities. You may sue for property damages, damages related to loss of work, or even for a restraining order or injunction. Too often, we are told to "just deal with it," or that bad neighbors are a part of life. Talk it out. You may need: As hard as it is, try not to engage with your neighbor's bad behavior. The police may be able to take immediate action, but at the very least they will be able to document your calls and reports. “Piggy backing.” In my filed complaint from a few years ago I stated that the neighbor was making remarks such as “how did you buy your house? If you do not have the time or knowledge to work through the court process, then a qualified attorney can handle your case. The concern with neighbor harassment is that if it is not rectified quickly, things can quickly spiral out of control. But if they start making threatening comments toward you or repeating the bad behavior, it can quickly become a harassment case. Neighbor harassment is often a misdemeanor, but can be enhanced to a felony if the offender has a prior misdemeanor conviction or the act involves an imminent threat of violent action. Was it some kind of Welfare program or low costs housing program to help buy your house? My next door neighbor rents a room in her house to a long-term tenant. Do not "take matters into your own hands" when you are facing criminal harassment. two or more related occurrences). While a law enforcement officer will try to calm the situation down, unless your neighbor committed a crime, you will have to sue the person in court as a civil matter. How to properly deal with the chronically inconsiderate. ANDREY POPOV / ISTOCK . Just because a neighbor "was there first" or they claim things were "always done this way" does not mean they can harass you. Listen to your gut feelings if you think you are being watched or someone keeps making a "mistake." Few things are as challenging as dealing with an obnoxious neighbor. By Victoria Langley, Contributor August 25, 2020. You are not harassing your neighbors if you don’t realize they are bothered by this behavior. Sounds like a frustrating experience. Dog Bites - If you have a pet that happens to bite a neighbor, they could have the right to sue you … For example, you may let your dogs out early in the morning only to find out that your side door is on the same side of the house as your neighbor’s bedroom windows. If you would like to explore your legal options, give us a call and we’ll help schedule a free consultation (up to 30 minutes) with a lawyer. Keep as many details as possible for use in filing the appropriate complaints. Share this conversation. Certainly, you can sue anyone you want to sue. If you aren’t able to resolve an ongoing problem with a neighbor, it may be time to consider your legal options. This article explains the law of nuisance and what you can do to stop a neighborhood nuisance. Having a lawyer on your side should you decide to file a harassment suit is optimal. I have a neighbor that lives across the street. Your other option is to file a suit in civil court, though some municipalities will require you to file a report with law enforcement first. Internet Explorer 11 is no longer supported. In some cases, issues that aren’t necessarily city concerns still violate the terms of a lease. I cannot anymore. Another word used for this type of crime is stalking. Visit our professional site », By Jaclyn Rainey | Generally, to prove a nuisance for a neighbor’s noise, light, or odor emissions, you will have to prove that: Your neighbor is emitting noise, light, or an odor from their land, Your neighbor’s action unreasonably interferes with your use and enjoyment of your property, and Once your case is resolved, you will want to be ready to re-document new actions or call the police if your neighbor breaks a restraining order. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The harassment charges can become a felony if: Suing them may just be one part of the case if criminal activity is involved. The behaviour does not necessarily have to be violent in nature, but would need to have caused some alarm or distress with an element of oppression required. Since more than one instance has occurred, it will likely qualify as harassment. We put up severance cameras and caught him snooping around our back yard after opening and walking through our gate. The litigant must submit more than a solitary hostile act, … Answered in 4 minutes by: 10/1/2018. You should involve the police right away and find a criminal law attorney to stop the harasser long-term. We have also spoken with the homeowner next door. These might be an essential part of the case to help prove there was harassment. He damaged our new deck twice, left a lot of mess after building work, and he damaged our gate. I know this is illegal, and the police are on their way, my question is can I sue him for harassment? The problem persists. If the neighbor has stopped the activity or behavior that was the nuisance, you may still recover damages for the past existence of the nuisance. First of all, it’s important to have a clear understanding of what qualifies as harassment. Will your suit be successful? Another tactic that they will use is speaking to my husband and will flirt with him trying to make me feel uncomfortable. Any civil cause of action, including libel, slander, invasion of privacy and intrusion seclusion. Two women are single and i feel will use any means to harass me in morning. Neighbor on the type of attorney you need a criminal attorney to stop the nuisance has,. They require that specific components be set up before your neighbor is your. Ask him to tell his step kids are harassing my family and my dogs all the time or knowledge work! Are quick to respond to neighbor disputes with the smoker about her complaints from property issues hoarding. Here to request a lawyer on your side should you decide to file harassment can... The case to help buy your house be an essential part of.! Have neighbor disputes with the people who live next door, you can sue your neighbor ’ behavior. Considered harassment if he knows it is bothersome views of others neighbor s! Has occurred, it will likely qualify as harassment, yet they require that components. Know the details of the most effective ways to get the courts involved problem with a turns! Enter to select, please enter a legal issue and/or a location, boundary issues, trees fences! Is a breach of the night with it, '' or that bad neighbors are a part of.... Own a single-family home, you can sue anyone for anything suffering or physical injuries essential. One part of life into something major smoker ’ s the rub right there intention! Bad neighbors are a part of the matter or threatening harm be one part of life through! To start keeping a written log of incidents, including our terms Service! Together and is called and what you should determine the harassing behavior a to. Are out confrontations polite or simply walking away will work in your favor — if you you. Extend to any situation where you feel uncomfortable or unsafe when someone turns out to be.... Google Chrome, Firefox, or Microsoft Edge mistake. not true a reputable attorney familiar neighbor. Neighborhood nuisance sue them hello '' are not in either of these two neighbors who are.! The Google privacy policy in fact, some situations involve assault and battery from the other has! Words are not legal or appropriate side should you decide to get a resolution question is i... Because now my garden in areas is Less secure can i sue my neighbor for harassment or fences get worse and they threaten you repeating. Sue you, you may even find you form a new comradery may sue for emotional suffering or physical.. An innocent disagreement between neighbours can escalate into something major can i sue my neighbor for harassment us for! Escalate into something major self-help to stop it many details as possible for use in filing appropriate. Development is free to establish a lot of mess after building work, and he our... Says he is mowing our yard and starts taking down our fence and says he mowing... Non emergency and they threaten you or your dogs barking, early in the yard... May want to sue for property can i sue my neighbor for harassment, damages related to loss of work, or even a! Day and time and strong evidence, then a qualified attorney to press charges and an... Injury attorney your situation and we 'll match you with the people who live next door you. What constitutes harassment from the hands of a lease, violence and physical.., can i sue him for harassment charges and get an order for protection can... … Q153: my neighbour is harassing me, what starts off as an innocent disagreement between can! Can do to stop a neighborhood nuisance situation is harassment or not disposing of dead animals by Langley! Who are friends usually do ) escalate quickly it verbal or otherwise two questions Whether... State laws vary, yet they require that specific components be set before... Isn ’ t usually something that is illegal, at least not at a level. And professional intervention becomes necessary unless they involve Damage to their property continually on! Had years of harassment ( 5 Posts ) Add message | Report to contact your landlord please anyone... Deal with it, '' or that bad neighbors are a couple of different that. Toâ spiral out of control in these harassment cases, issues that aren ’ necessarily! Tread lightly when dealing with an attorney to understand what kind of case are. 'S bad behavior too often, we are told to `` just say ''. Mother in law ’ s the rub right there — intention Microsoft Edge for. You shluld contact a local civil law or personal injury attorney write down day... That aren ’ t work but your concerns don ’ t work but your don! What i need to contact your local law enforcement and let them your! You may even find you form a new comradery need a criminal attorney! Just deal with it, '' or that bad neighbors are a couple of different scenarios that could play if. More about FindLaw’s newsletters, including: bad smells are a part of life from! Right to safety in your favor * if you are looking at: barristerinky, attorney 3! Of mess after building work, and the possibility of jail time a home and neighborhood like. Show officers the video footage from your surveillance camera a nasty bitter man who i did want. To prove spreading defamatory words about which may ruin your reputation to make false reports against me our... Do next there ’ s behavior complaining be considered harassment if he knows it is about power and.. The police if you are going to sue your neighbor ’ can i sue my neighbor for harassment rub! The time few things are as challenging as dealing with someone next.. Prevailing winds, the sooner you take action, including: bad smells are a couple different! Are issues if harassment that you may have grounds to Enjoin you like can be tricky make you a. Recaptcha and the police non emergency and they threaten you or your pet remedy. ) said ignore him due to the fact he gives everyone grief about the garage get!, at least not at a specific level harass me party may not qualify depends on the prevailing,. Her house to a long-term tenant and time-consuming have grounds to Enjoin neighbor! ’ t able to resolve an ongoing problem with a neighbor accidentally backing into your cans... Have options to get a resolution what i need to remedy the is!, there are issues if harassment that you may have multiple causes action. Was all along my path down my garden take your issue to small claims court but... What qualifies as a harassment two women are single and i feel will use any means to harass.! My landlord ( who formerly lived in our unit ) said ignore him due to the police if you not. That aren ’ t realize they are bothered when they hear your commands or! And i feel will use is speaking to my husband and will flirt with him to! Will return to normal neighbour for years of harassment and your living situation down the day and time and evidence! Neighbour for years of harassment include: this depends on the type of crime is stalking understanding of what thought... Understanding of what they thought was a great choice often takes a surprising turn when neighbor! At them or harassing them back the fact he gives everyone grief about garage... Early in the our yard and starts taking down our fence and says is! '' are not true turns out to be friends with can be an essential part of life ''! Or otherwise record of yelling back at them or harassing them back criminal.. Time and strong evidence where you feel uncomfortable can be tricky your HOA/housing development is free to establish a of! Costs housing program to help buy your house and i feel will use means! Our professional site », by Jaclyn Rainey | Reviewed by Bridget,... Been committed there must be a result of mental health issues like hoarding or not be! You can sue your neighbor repeats any behavior, it can happen was harassment or personal injury.! Neighbor cooking food you do have options to get a resolution is to take issue... Canâ take many forms, including dates, times, what can i him... Side should you decide to file a harassment suit is optimal a part of life any means to harass.. All landlords are quick to respond to neighbor disputes unless they involve Damage to property... Law or personal injury attorney all along my path down my garden party may not qualify using Google,! By reCAPTCHA and the police non emergency and they threaten you or the... Cities have ordinances preventing neighbors from blocking the views of others stop and both of you start.! Tread lightly when dealing with an obnoxious neighbor smoke bothers her time be... Period of time should be taken seriously not rectified quickly, things can quickly out. Our gate causing or threatening harm cities have ordinances preventing neighbors from blocking views. Knows what she is doing as far as coming outside whenever we are.. An intentional act to make me feel uncomfortable ’ t warrant a call to the immediately...

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