by MP1116 on April 8th, 2011

MP1116

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Live in an apartment complex with noisy neighbors. Can I sue a neighbor based on the law of "Quiet Enjoyment" in Austin, Texas?

We live in an apartment complex that is very nice. We have lived here since September 2010. However, 1 month after we moved in, neighbors moved in downstairs who, within the span of 3 weeks, installed a very loud home theatre system that causes vibration throughout the apartment. We have had picture frames fall off the walls, the windows rattle loudly and our dog gets disturbed and panicked.

We have reported them several times to the management. Each time, the management has confronted them and ordered them to stop the noise. This has happened 4 times. Each time it has happened, the offending tenants would be relatively quiet for approximately 1 month. They would then start up again, as if they felt they fulfilled a punishment or that they might be forgiven at this point, I'm not sure...I can't speak for these a-holes.

Since this would be the 5th time I am reporting them to management (they started up again today), I feel like they are ignoring the rules of the complex and blatantly disregarding the warnings received from management. Would I be able to bring a lawsuit or at least a cease and desist order against them for violating the law of Quiet Enjoyment in Texas? They often do this after 10pm and before 8am, which violates botht he rules of this complex and state law.

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  • by Chicago Lady on April 8th, 2011

    Chicago Lady

    They are in violation of the Noise Ordinance in Austin, Tx

    Read here...
    http://www.nonoise.org/lawlib/cities/austin.htm


    and further in the same ordinance...
    ยง 10-5-2 NOISE PROHIBITIONS
    (C) It shall be unlawful for any person, between the hours of 10:30 p.m. and 7:00 a.m. the following morning, in either a public or private place or house in the city, to create, make or cause to be made upon musical instruments, horns or bugles, or by any other means, any loud noise which is reasonably calculated to disturb others in the vicinity of any such public or private place or house.

    In Chicago, the local police enforce the noise ordinances both on the public way and in private residences. I imagine it is the same in your city.

    Best wishes for good success in eliminating this problem!

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