In Texas, can I sue a noisy neighbor? Here’s what state law says is being too loud
Unless you have a few acres of land insulating you from the rest of the world, noise can be an issue.
With many in Dallas-Fort Worth living with neighboring houses practically on top of each other, even the relatively quiet hum of a hair dryer can be considered a nuisance. But is it enough to take a neighbor to court?
In Texas, particularly in unincorporated county areas, any noise that’s louder than 85 decibels can be breaking the law. Many Texas cities, who have the authority to regulate noise levels inside their boundaries, may have even stricter rules about noise.
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Last year, sound from the Ubbi Dubbi festival at Panther Island Pavillion was heard as far away as Lake Worth riling many to complain. The Tarrant Regional Water District said it would work with the festival’s organizers to install more sound deadening equipment at Panther Island Pavillion and establish a phone line for noise complaints, so the district and the organizers can act quickly to adjust their set up to reduce disruptions.
In Fort Worth, how loud is too loud?
Fort Worth’s noise rate is set at 60 decibels during the day and 70 at night in residential areas. This is quieter than a lawn mower or maybe even a blender.
Fort Worth isn’t saying you can’t have a nice lawn or a good milkshake, laws are in place to ensure that all neighborhoods don’t have those pesky noisy neighbors. After all, you can’t escape the noise if it is invading your own home.
Noise can be considered a health hazard, not just a nuisance according to the CDC. Loud noises can cause hearing loss, increased depression and anxiety, and disturbance in one’s focus.
Noise above 70 decibels for a long period of time can cause hearing damage. An example of this would be your annoying neighbor who runs his motorcycle every morning for a length of time to “keep the engine warm.” He just needs go take it for a spin.
So, how does one sue for noise?
If your neighbor is repeatedly being a disturbance, the only way to get them to shut up may be to ask the court for money damages. Nolo Law suggests: “Requesting $20 a day for your trouble would probably be considered reasonable. If the noise problem is really severe — keeping you from sleeping or working and making you completely frazzled — ask for $100 a day.”
Like any court case, to win, you would need to provide ample evidence. Keeping a record of evidence is the best way to prove their guilt. Emails, police reports, notes, videos or a recording of the offensive sound are all valid evidence.
In court you would need to specify:
There is excessive and disturbing noise.
The person you’re suing is either creating the noise or is the landlord and therefore responsible.
Your enjoyment of your home is affected.
You have asked the person to stop the noise.
The point of suing a noisy neighbor is not necessarily to get money out of them, it’s to stop the noise. So know that taking your neighbor to court does not promise a payment. Promoting peace would be a more realistic expectation.
What does Texas law consider a noise nuisance?
The Texas penal code specifies that “a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.”
However, each city determines their decibel limits and restrictions. Counties are not allowed to declare their own guidelines on noise.
Fort Worth enforces the following rules:
For residential zones,
Daytime: 7a.m. to 10p.m. = 70dBA
Nighttime: 10p.m. to7a.m. = 60dBA
All non-residential and mixed-use zones,
Daytime: 7a.m. to 10p.m. = 80dBA
Nighttime: 10p.m. to7a.m. 70dBA
“H”Central Business District,“TU” Trinity Uptown, and West 7th Village,
Sunday— Thursday
Daytime: 7a.m. to 10p.m. = 80dBA,
Night time: 10p.m. to 7a.m. the following day= 70dBA
Friday— Saturday
Day time: 7a.m. to 2a.m. the following day= 80dBA
Night time and Sunday: 2 a.m. to 7 a.m. = 70dBA
