What Constitutes Harassment from a Neighbor?

If you aren’t able to resolve an ongoing problem with a neighbor, it may be time to consider your legal options.

This article will outline what constitutes harassment from a neighbor.

Most people like to believe it’s possible to scout out a good neighborhood, but renters and homeowners alike often find themselves surprised. What they thought was a great choice often takes a surprising turn when a neighbor turns out to be less-than-pleasant. But what happens when someone turns out to be just not unfriendly, but downright aggressive or even frightening?

What Constitutes Harassment from a Neighbor?

First of all, it’s important to have a clear understanding of what qualifies as harassment. 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.

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. They are bothered when they hear your commands, or your dogs barking, early in the morning. You are not harassing your neighbors if you don’t realize they are bothered by this behavior. 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.

And there’s the rub right there — intention. Harassment is always intentional, but this is sometimes hard to prove. You do, after all, need to figure out if what they are doing is indeed on purpose, but you can usually tell.

The most common types of harassment include:

• Animal complaints — these often include issues with noise, smells, not cleaning up fecal matter, violating leash laws, or physical attacks by the animal in question.
• Noise complaints — when your neighbors consistently create noise that is above an acceptable level. Some are careful to stay within legal limits, despite being persistent and harassing.
• Nuisance complaints — such as if your neighbor refuses to mow their lawn or leaves garbage outside but not in proper receptacles. This may also be a neighbor who continuously blocks doorways while smoking.
• Threats and violence — may include verbal harassment, sexual contact, threats of violence, or any other form of physical contact.
• Bullying — often occurs when there are children involved in both households. This can be verbal, physical, or even
• Boundary issues — are common among homeowners who aren’t clear about property lines and continue neglecting property or forcing their belongings onto the property of the other neighbor.

What You Should Do About Neighbor Harassment

This depends on the type of harassment and your living situation. First and foremost, attempt to talk to your neighbor — if you feel safe, of course. Your neighbor may not realize his dogs are barking or that his morning ritual of warming up his car while blasting his favorite song is louder than he thinks. A friendly conversation, free of judgment and attitude, may be all you need to remedy the situation. You may even find you form a new comradery.

Call the police immediately in instances of physical violence or if there is any form of threat, be it verbal or otherwise. The police may be able to take immediate action, but at the very least they will be able to document your calls and reports.

Let’s say your visit didn’t work but your concerns don’t warrant a call to the authorities. You’ll want to start keeping a written log of incidents, including dates, times, and details. Keep as many details as possible for use in filing the appropriate complaints.

If you’re a renter, you may need to contact your landlord. In some cases, issues that aren’t necessarily city concerns still violate the terms of a lease. This is especially true when someone purposely creates noise, won’t stop smoking in common areas, or simply refuses to stop their kids from banging doors and running around in the apartment over your head. Unfortunately, not all landlords are quick to respond to neighbor disputes unless they involve damage to their property.

Can I Sue a Neighbor for Harassment?

Yes. There are a couple of different scenarios that could play out if you decide to get the courts involved.

First, you can go to the police department to file harassment charges. This is more common in cases of physical violence. You’ll need documented proof, like previous police reports or proof of medical care after an altercation. 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. 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.

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. You may sue for property damages, damages related to loss of work, or even for a restraining order or injunction. Violating an injunction or restraining order could lead to charges of disorderly conduct and the possibility of jail time.

Having a lawyer on your side should you decide to file a harassment suit is optimal. 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. 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.

The majority of instances that qualify as harassment are pretty minor and can usually be worked out by adults, even if they don’t end up best buddies in the long run. Sadly,  some cases escalate and professional intervention becomes necessary. Contact law enforcement when necessary and find a reputable attorney familiar with neighbor harassment. The sooner you take action, the sooner your life will return to normal.