ABA Family Legal Guide

Home Ownership

Managing Neighborhood Problems

Handling Disputes

What can you do about a nuisance problem?

If your local ordinances make a nuisance a crime (usually a misdemeanor), the offender might be given a citation to appear in court at a given date, or he or she might even be arrested, held until posting bond, and ordered to appear in court. If convicted, the offender may be fined and/or jailed. If your local ordinances make nuisance a civil violation, he or she would face civil charges in court. The penalty for a civil violation is a fine.

Whether the alleged nuisance violates a civil or criminal city ordinance, the city carries the burden of prosecuting the case. Your role as the complaining neighbor is limited to testifying if the case goes to trial. Again, any money collected will be in the form of fines paid to the city, not to you.

The other option is to file a lawsuit yourself. Here you would bear the expense of bringing the case to trial, including filing fees and legal counsel, but if you won you could collect monetary damages from the neighbor, or obtain a judgment requiring him or her to cease or remedy the problem. Another approach that may be available in your area is to file in small-claims court, which would cost less and probably be faster. Either way, to prevail against your neighbor in court you will have to show the following elements: