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Can I file a noise complaint against my downstairs neighbor who wont remove wind chimes that are making noise constantly?
Anonymous5 views4 answers
My downstairs neighbor has 3 big wind chimes hanging on her patio directly under my bedroom window. The 3 chimes are hanging approximately 5 feet from my window and maybe 6-7 feet from my living room window. Supposedly the manager asked her to remove it and she has not. It is very breezy where I live and the chimes are literally constantly chiming. It is very stressful and irritating to me and it is driving me crazy. I cannot have any windows open while I am home because the noise so so bothersome. What can I do? I think she is upset because when she moved in i was asked to be available for the cable guy so she could get cable and "watch her favorite shows". I said i could not risk my job by coming home for a complete stranger and that there had to be another way.
From the question, it sounds like you are renting an apartment, not living in a condo where there would be a HOA. If you are renting, your landlord should provide quiet enjoyment of your unit. Whether the noise from wind chimes violates the covenant of quiet enjoyment is a debatable point, but you may want to give the landlord a full description (preferably in writing) of how the noise is causing you problems. Best of luck on this!
You will probably have to work through your landlord to get some relief. It may be annoying, but I don't know that wind chimes will be considered a nuisance sufficient to support any sort of legal action. If there is a noise ordinance and the wind chimes exceed that ordinance it might be actionable.
As you describe it, I see this as an obvious nuisance. The proximity to your windows is not acceptable. I know the chimes can prevent sleep - I had some and had to take them down on windy nights so I could sleep. Download a decibel meter on your iphone and take readings from your unit; also make audio recordings. Share these with the manager and you should get a remedy - the neighbor should at least take down the chimes at night, or during high winds.
