Can I Sue My Neighbor for Harassment?

You can pursue a civil harassment restraining order or sue in small claims court. This legal action protects you against harassment, violence, or threats. Another option that you can pursue is seeking compensation through civil litigation. This applies in particular when the harassing behavior causes you distress or damage.

Neighbor harassment includes deliberate and repeated behaviors that disturb your peace or invade your rights. It can manifest through various forms of misconduct, such as creating excessive noise disturbances, making offensive or hostile remarks, stalking, and trespassing on property. You need to prove beyond reasonable doubt that your neighbor committed abusive behavior to entitle you to a legal remedy.

If your neighbor is causing problems, you may need to:

• Get a restraining order if they are threatening you or acting dangerously
• File a police report (the police may not take action, but it will at least be on record)
• File a noise complaint with your landlord or the police
• Start the process of suing your neighbor for harassment

Success in these cases relies heavily on thorough documentation. You have to keep a detailed record of each incident. It is recommended for the record to include dates, times, and the harassing behaviors involved. You can also seek legal advice from a civil attorney to assist you in determining the most effective legal action.

What Qualifies as Neighbor Harassment?

Neighbor harassment can take many forms, including:

1. Derogatory or offensive comments about sexual orientation, your nation of origin, or other discriminatory factors
2. Calling law enforcement on you repeatedly or for small things
3. Repeatedly playing loud music during city "quiet hours" or after you have asked them to stop
4. Coming into your yard or bothering your pet after you asked them (or their kids) to stay away
5. Any disorderly conduct on shared property or your property
6. Claiming they have freedom of speech to say abusive things to you
7. Any intentional acts to make you move away
8. Stalking, watching you, or invading your legal rights to privacy
9. Building or landscaping over the property line (or threats to do so)
10. Bad smells (Unfortunately, this can happen from unattended trash, refusing to fix sewage problems, hoarding, or dead animals. It can also be an intentional act to make you move away. You will not have a case for things like cooking food you do not like.)

The neighbor dispute must be a repeated and intentional act. This means that a neighbor accidentally backing into your trash cans or having one loud party may not qualify as neighbor harassment. But if they start commenting on you or repeating the bad behavior, it can quickly become a harassment case.

How to Sue for Neighbor Harassment

The legal process that you may have to take depends on the legal issue. There are various legal attorneys that you can consult, such as the following:

• A real estate attorney for property lines or trespassing to property disputes
• A criminal law attorney for stalking, violence, or threats of violence (see below)
• A general civil claims attorney for minor disputes
• A landlord-tenant law attorney for issues with renters or your landlord
• A family law attorney for issues with family members, domestic abuse, or matters involving your children

What to Expect In a Harassment Lawsuit

Generally, you can expect to:

1. Gather evidence
2. Review the evidence with the police, your attorney, and possibly the judge
3. Speak in court or privately with a judge
4. Settle the case for money or another resolution that (hopefully) makes your neighbor stop
5. Receive a restraining order against your neighbor (they won't be forced to move away, but they must stay away from you and off your property)
6. Be ready to re-document new actions or call the police if they break the restraining order
7. If your neighbor repeats any behavior, they may be arrested, fined, or go to jail

It might feel tempting to move away just to escape this neighbor. That is a valid option, but it can be expensive and time-consuming. Do not let a bad neighbor make you leave a home and neighborhood you like — pursue the case with an attorney and fight for one of these outcomes:

• A restraining order that makes your neighbor stop immediately
• Fines or settlements (this money can be useful if you do decide to move to a new home)
• Your neighbor goes to jail, and they stop the behavior, or you have time to move away.

It is unfortunate but essential to point out that a neighbor may be even more out of control after facing an arrest or jail. You should know the expiration dates of the restraining order, when they may get out of jail, and other facts so you can feel prepared. It is not common for things to spiral out of control in these harassment cases, but you should know that it can happen. Your safety is the top priority.

In most cases, it is common for the dispute to be settled in civil court, and both people keep a polite distance from the other for the rest of their time as neighbors.

Don't Engage, But Document Everything

As hard as it is, try not to engage with your neighbor's bad behavior. Keeping confrontations polite or simply walking away will work in your favor. You do not want a record of yelling back at them or harassing them back.

Instead, try to take videos or photos of what they do. Write down the day and time and what they said or did. File a police report (even though the police may not investigate every complaint) so you have a strong record of the situation.

Do not be offended if police, attorneys, or judges ask you personal questions about your age, sexual orientation, job, or other things that might feel discriminatory. These might be an essential part of the case to help prove there was harassment.

Harassing Neighbors Can Become Dangerous

This is no longer a civil case if you are threatened or stalked. By law, you have the right to safety in your own home. You can consult a criminal attorney to press charges and get an order of protection. You can also choose to sue for emotional suffering or physical injuries. 

However, if you feel you or your family’s life or safety is at risk, call the police immediately. Afterward, a criminal law attorney can assist you with other legal actions that you can take to stop the situation from escalating and keep you and your family safe. This legal action is sometimes called a "cease and desist" order” or "restraining order."

Do not "take matters into your own hands" if your neighbor has prior misdemeanors or you have any inclination that they are dangerous. The harassment charges can become a felony if:

• They have any prior misdemeanors, which are less serious crimes, on their record
• They are threatening you with violence

Suing them may be one part of the case if criminal activity is involved.

You Have Rights in Your Own Home

Figuring out if the situation amounts to harassment can be tricky. Too often, we are told to "just deal with it" or that bad neighbors are a part of life. However, if you have neighbor disputes with the people who live next door, you do have legal options to resolve the issue.

Seek a free consultation with a civil attorney to understand what kind of case you are looking at. They can help outline the process, tell you what to document, or direct you to a criminal law attorney if things are dangerous.