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What can I do about a neighbor who is purposely making noise through her property above into mine directly below?

Miami, FL |

Her floors were changed from carpet to tile and has little to no soundproofing(I can hear everything from her apt.) I've contacted the police and they say it's a civil not criminal matter, that I would have to contact my association. I advise my association and they do nothing. The neighbor feels she can make all the noise she wants so she does it purposely at all times of the day or night 365 days a year. Things got violent last year when she tried to run me over with her car I called the cops, a report was written but again nothing happened. I tried filing a restraining order and again nothing(they said it was a he say she say story). I've tried everything and still the noise nuisance continues, I cannot sleep or relax in my own home because of an unruly neighbor. PLEASE HELP!!!

Attorney Answers 2


You can sue her to abate the nuisance. It is complicated and expensive. Are you leasing or do you own? Maybe moving is a good option. Seek some legal help with all your facts.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505

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I own the condo. Unfortunately the real estate market has not picked up yet. So I am unable to sell. Is it possible to sue the association as well for not doing anything? My condominium is a HOPA.

Barry A. Stein

Barry A. Stein


You can sue the condo association and the other owner. Best to consult with an expert in this type of litigation. You are in Miami, so I would recommend Jonathan Goldstein or Kenneth Walton



I really appreciate it. Thank you and have a great weekend.


The association should not get involved in neighbor to neighbor disputes. They will get sued by one of you if they do and you're not happy with the outcome.

You can sue the neighbor for a private nuisance and ask for an injunction to abate the noise. If you live in an association the winning party is entitled to recover attorneys' fees from the losing party. If you cannot afford an attorney, try the county bar association or the legal clinic at a local law school.

The only other option is to get ear plugs. The anxiety from a noisy neighbor is a merry-go-round that is impossible to get off of because you become anxious just thinking about it and they you have to be careful the court doesn't think you are hypersensitive. They will only think its a nuisance if a "reasonable person" would find it offensive.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at

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