Neighborhood nuisance handbook

To determine if your neighbor is causing a private nuisance, public nuisance, or both, you should consult with a tenant attorney.

An individual that is affected by a private nuisance may stop the nuisance by removing or destroying the thing that is the nuisance if they can do so with using reasonable care so as to not cause unnecessary damage to the property where the nuisance exists. Because self-help is limited to a very narrow set of circumstances, it is not recommended.

Landlords have a duty to ensure that tenants can peaceful possess their rental unit free of disturbances, and in extreme cases may take steps to evict bothersome tenants to abate a nuisance. Davis v. Gomez, Cal. Although the nuisance may be caused by another tenant in the building and not by the landlord, the landlord may be held accountable if after being notified of the disturbance they take no action against the offending tenant.

Landlords have a duty to ensure that tenants can peacefully possess their rental unit free of disturbances, and in extreme cases may take steps to evict bothersome tenants to abate a nuisance. A tenant may wish to remain in their unit and sue the landlord for breach of the covenant of quiet enjoyment. Or, 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.

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. Even if you used self-help to stop the nuisance, you may still also file a lawsuit against your neighbor for damages.

If your use or enjoyment of your home is harmed because of the acts or omissions of your neighbor, you may be able to recover money damages and an injunction against the continuance of the nuisance. Tenants considering suing a neighbor for nuisance should contact Tobener Ravenscroft LLP to speak with a tenant lawyer about their options. We are proud to only represent tenants, never landlords.

Our services include fighting landlord harassment, wrongful eviction, and habitability. All text and images on this site are protected by U. Information posted on this website is not legal advice and should not be used as a substitute for speaking with an attorney about how these laws affect you. The board is supposed to be the buffer between you and city agencies and elected officials. Take your concerns to the owner of the problem establishment and try to resolve them.

Inform your community board and local officials. Ask for their help and keep them informed on your progress. Dig up some legal dirt. Your community board and elected officials can help with this. Dorato says she has found lawyers to be less useful and expensive. Also put the word out to any news organizations who might be interested including BrickUnderground—we are very interested.

Your publicity efforts put the establishment and the landlord in a negative light, and step up the pressure on your community board and council member to help resolve things. A word of warning: Have a lawyer libel-proof your communications. Skip to main content. But how do the 10, to 12, complaints the city receives a year turn into action?

The answer can range from a simple notice by mail to a jail sentence. How to submit a complaint about neighborhood nuisances. What are the options if you receive a notice of code violation? Are tenants or property owners responsible for nuisance code violations? Mattresses in the front yard for more than seven days. Inoperable vehicles left outside for more than two days. Exterior walls on a home that are deteriorating or rotting. KaLyn Nethercot, the neighborhood inspection administrator for the Metropolitan Area Building and Construction Department MABCD , said that the Neighborhood Inspections division typically deals with health code violations , general nuisances and housing infractions.

The Neighborhood Inspections division deals with residential properties and not commercial buildings. Neighborhood nuisance complaints can fall under categories including zoning and sign complaints, building code violations and vehicle issues. The city employs 15 inspectors, each of whom oversees different parts of the city.

Once the city receives a complaint, an inspector typically visits the location within 72 hours, Nethercot said. Higher priority issues may be addressed within 24 hours while lower priority issues may be addressed within 30 days, according to the Neighborhood Inspection Complaint Triage Protocol.