New Philadelphia, OH asked in Civil Litigation and Landlord - Tenant for Ohio

Q: My apartment neighbor is constantly loud and obscene at practically all hours. How do I get rid of her?

For the last several months my downstairs neighbor has caused nuisance by shouting at her dog, other people, really anything. She is loud and obscene, cussing in every other word and often picking fights with people especially if her dog chases after their pet. I and several other tenants have raised complaints to the landlord, but he says he is powerless as this noise occurs during the daytime instead of night. However, recently she has been yelling at around 5am. These do not last long enough for the police to be able to hear if reported, but they have woken me up several times and at least this must be against noise ordinance. Her constant nuisance has made it hard for me to sleep or focus on working from home, and these past few months I've had to sleep in the living room as my bedroom is directly above hers.

1 Lawyer Answer

A: Have you spoken to the tenant directly? Do that first. You can also write to her so that there is documentation. Write to your landlord as well, to document attempts to resolve the issue prior to filing any lawsuit. If no action is taken, some townships or counties allow a tenant to escrow rent if the noise is affecting habitability of the apartment. You may also be able to file a nuisance complaint in your local municipal court. You can also check your lease regarding noise requirements and restrictions. Look into your local city or township ordinances regarding times of day and incidents that are prohibited in your particular city or county.

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