Ear Muffs While Sleeping - Recommendations?

[kriss]

Mellie and I have an upstairs neighbor who insists on playing the most obnoxious and generic bass driven electronic music during the day and sometimes late at night. At night, we can call the police and have them tell him to turn it down but in the day since ordinance gives him the okay, we're left in the lurch and can't sleep (we typically go to bed late in the evening because we've both found that point is the best for us in terms of working on art projects - we're just night people basically.) The guy upstairs won't wear headphones and generally resists any request for compromise from us while the landlord is at a loss with what to do with him so we're trying to find a comfortable way to block out the noise. Key is being able to hear the alarm clock (again, we sleep during the day so listening out for things like home intrusion aren't high on our list since it's daylight out) while being fairly comfortable. Ear plugs are extremely uncomfortable and I've looked around at different ear muffs but can't seem to find anything for a reasonable price. Any folks who work evenings/late night who could help us out with this?

[turbobrando]

I still say give ear plugs another shot. I sleep with them every night (my walls are paper thin at my apt and my brother's gf has cats that are noisy) and it was kinda uncomfortable at first, but you learn to deal with it after awhile. If that still doesn't work, try ear bud headphones or ear muffs that fit on the back of your head and not the top

[xjustinxschwierx]

What can I do if my neighbor is so noisy that I want to move?

It is not an easy situation to deal with when you have noisy neighbors. There are a number of steps to take to try to resolve the problem. 1) Talk to the neighbor; 2) Complain to the landlord in writing and get other neighbors to complain to the landlord; 3) Call the police and file a complaint; 4) Seek a third party to mediate between you, the landlord, and the noisy tenant; 5) See the "Rent Witholding & 'Repair and Deduct'" pamphlet for further information. Call the Center for Conflict Resolution for information on conflict mediation at 372-6420.

from: http://www.tenant.net/Other_Areas/Illinois/mto/english2.html

also goo ideas here:

http://www.tenant.net/Rights/Noise/nn167.html

It's 2 in the morning. You're lying in bed trying to sleep because you have a big meeting tomorrow morning. You feel a pounding sensation in your head. At first, you think it's a headache. But then you realize that it's the funky disco beat blasting from your next-door neighbor's stereo, reverberating through your bedroom and rattling your windows.

Before you pound on the neighbor's door and yell something you'll regret, or, even worse, resign yourself to living with the noise, try some more constructive alternatives.

1. Talk to Your Neighbor

Your first step is to talk to your neighbor and try to resolve your differences in person. It's hard to believe, but sometimes neighbors are not aware that they are causing a disturbance. Even if you're ready to punch somebody's lights out, try a little sugar instead.

2. Get a Copy of Your Local Ordinance

Your next step is to get a copy of your local noise laws. Most cities and counties have ordinances that control the times, types and loudness of noise. For example, many local ordinances prohibit unreasonable vehicle noise (like honking the car horn early every morning for a carpool) or dogs barking all night long every night. Noisy neighbors are in for a warning or even a fine. You can look up your local ordinance at city hall, a public law library or the public library. Make at least two copies of it, one for your neighbor and one for yourself.

3. Warn Your Neighbor in Writing

If things don't improve, ask your neighbor again -- this time in writing -- to quiet down. Don't make threats, but state that if the situation doesn't improve you'll be forced to notify the authorities. Enclose a copy of the noise ordinance. Keep a copy of your letter; you'll need it if, as a last resort, you later sue your neighbor.

4. Suggest Mediation

Most cities offer free or low-cost mediation services, which means they provide an impartial mediator who will sit down with you and your neighbor and try to help you resolve your differences.

Just call the mediation service; someone there will contact the neighbor and suggest mediation. (These people are very good at convincing others to give mediation a chance.)

5. Call the Police

If you have done all of the above and your neighbor has responded by turning up the volume, now is the time to call the police (or the Animal Control officer if the problem is a barking dog). Try to get the police to come while the noise is occurring.

Of course, you can call the police on a noisy neighbor the first time the music gets too loud for your taste. But the police will be more sympathetic to your situation if they see that you have tried to solve the problem on your own.

6. Sue for Nuisance

If all else fails, you can get your neighbor's attention-and maybe some money-by suing in small claims court. You can sue your neighbor for nuisance if your neighbor's noise unreasonably interferes with your enjoyment of your property. In the lawsuit, you ask for money to compensate you for the interference with your right to peacefully enjoy your home.

Small claims court is easy and inexpensive, and you don't need a lawyer. You will need to show the following:

There is excessive and disturbing noise.

Your enjoyment of your property is diminished.

You have asked the person to stop the noise (your letter should be enough to prove this).

To prove your case, you can use police reports, witnesses, recordings, your own testimony and the testimony of neighbors or other witnesses.

The amount you'll want to ask for will depend on how much the noise bothered you. Did you lose sleep? Were you unable to carry on your usual activities, such as reading, playing music or talking to friends? Decide on a reasonable dollar amount per day, and multiply that figure by the number of days you've been seriously bothered. The amount of money you can ask for in small claims court is limited, between $2,000 and $5,000 in most states.

Side Bar--If You're a Tenant

Noisy neighbors are always bad news. But when you share walls with the insensitive neighbor, the problem is especially vexing. The good news for renters is that, in addition to all your other options, you have built-in allies in the battle to keep your apartment livable: your lease or rental agreement and your landlord.

Remember the lease or rental agreement you signed? Chances are your neighbor signed one too. Standard leases and rental agreements contain clauses that entitle you to "quiet enjoyment" of your home. A neighbor who is blasting the stereo in an unreasonable manner is probably violating the lease or rental agreement and can be evicted for doing so.

If you warn your neighbor about the noise in writing and are sure that your lease entitles you to a reasonable amount of quiet, send a copy of the lease along with your letter. In your letter, tell the neighbor that the next complaint will be to the landlord or neighborhood association if the noise continues.

If warning your neighbor doesn't work, go to your landlord. Most tenants don't like to complain to the landlord or manager about unreasonable noise or other nuisances because they are afraid of being branded as troublemakers. But other neighbors are probably bothered by the noise too. Get together with them and complain to the landlord as a group. It's easier and you might get faster results. Most landlords don't want arguments between tenants and won't put up with tenants who cause trouble by ignoring signed lease or rental agreements. Your landlord will probably tell the noisy tenant to pipe down or face eviction.

This article originally appeared in the Nolo News and is Copyright © Nolo Press 1996 and reproduced here with permission.

[kriss]

^ I've actually read the above article before in my attempt to find means to resolve the issue and have actually followed most everything in it - thing is, the land lord feels like she has her hands tied since he's doing it during the day a lot of the time and even though she agrees that above a certain volume at any time is unacceptable, since she's not there when he does it, it's our word against his as to how loud the music actually can be. She's been able to legitly say something to him in instances where he was playing it from 1 to 4 in the morning but the day is another issue. I've lost count of how many times we've called the cops on him and at one point I did have his number but stopped speaking with him directly about it when he started to become rude and aggressive.

I still say give ear plugs another shot. I sleep with them every night (my walls are paper thin at my apt and my brother's gf has cats that are noisy) and it was kinda uncomfortable at first, but you learn to deal with it after awhile. If that still doesn't work, try ear bud headphones or ear muffs that fit on the back of your head and not the top

For now, I guess we can go with that suggestion and see how it goes. It'll be cheaper atleast.

[dreamover]

i always say "fight fire with fire". jam louder than him. in fact let's all jam in your apartment and give him something to complain about.

[hipsterasfolk]

Blow his ass up! or just do what we use to do when the lesbian couple next door had fist fights, BLAST YOUR SHIT LIKE A MOFO!

[lechevre]

^ I've actually read the above article before in my attempt to find means to resolve the issue and have actually followed most everything in it - thing is, the land lord feels like she has her hands tied since he's doing it during the day a lot of the time and even though she agrees that above a certain volume at any time is unacceptable, since she's not there when he does it, it's our word against his as to how loud the music actually can be. She's been able to legitly say something to him in instances where he was playing it from 1 to 4 in the morning but the day is another issue. I've lost count of how many times we've called the cops on him and at one point I did have his number but stopped speaking with him directly about it when he started to become rude and aggressive.

I still say give ear plugs another shot. I sleep with them every night (my walls are paper thin at my apt and my brother's gf has cats that are noisy) and it was kinda uncomfortable at first, but you learn to deal with it after awhile. If that still doesn't work, try ear bud headphones or ear muffs that fit on the back of your head and not the top

For now, I guess we can go with that suggestion and see how it goes. It'll be cheaper atleast.

heh... Did you move into my old apt? We just moved out! PM me some details man!

[kriss]

I'm not sure that we did. We've been here for nearly three years - the upstairs guy has only been there for about nine months. I've attempted patience but I'm getting testy.

i always say "fight fire with fire". jam louder than him. in fact let's all jam in your apartment and give him something to complain about.

Sound wars sound fun in theory but all they ever seem to do is instigate the other side to crank even louder so when we finally stop playing music, it'll feel like a night club right in the living room.

[avery]

that sucks. i can sympathize for sure.

back when i was in college/just graduated, i lived on the top floor of an apartment and on the bottom floor lived a couple of people that worked at disneyland so they had weird hours. once i graduated, i had a job that had me up at 5am and the girl downstairs would hang outside and talk really loudly on her phone until around or past midnight. then her roommate whose room was right below my roommate's would play his drums at night when she was trying to sleep. i think she told me she'd take a broom and thump the floor when he did that, but i don't know if he stopped. she lived on the other end of the place from me so i never noticed it.

where i live now, the land is narrow so our houses are close together. one of my neighbors has 3 super barky dogs. i'm a night person, too, and then when my daughter was a newborn, i was just trying to get sleep whenever i could. i had to get a white noise machine for her room just for her to sleep. i can't really use one for myself because if she wakes up and needs my attention, i probably won't hear it so i don't really get nearly the same quality of sleep i did before they moved in/acquired all 3 dogs. it's not as terrible as it can be, like for instance when all 3 dog owners are out and leave them all alone for an extended period of time, but if it does get really bad, like if they are out of town and whoever they asked to check on the dogs isn't there to calm them down at like 2am, i usually talk to them later and ask them to do something about it. i hate having to do that, but i gotta sleep and they're cool otherwise...

[suchashorttime]

i don't really know anything about them, but i know you can custom fit ear plugs (like these: http://www.radians.com/main/p-282-radians-custom-molded-earplugs.aspx). that might be more comfortable than your run of the mill foam plugs. plus if you look around you should be able to find some at reasonable dB level so you can hear the alarm.

[lechevre]

I'm not sure that we did. We've been here for nearly three years - the upstairs guy has only been there for about nine months. I've attempted patience but I'm getting testy.

i always say "fight fire with fire". jam louder than him. in fact let's all jam in your apartment and give him something to complain about.

Sound wars sound fun in theory but all they ever seem to do is instigate the other side to crank even louder so when we finally stop playing music, it'll feel like a night club right in the living room.

We moved out, couldn't take it.

[almightyseancore]

get some acoustic sheep sleep phones!

http://www.amazon.com/AcousticSheep-SP4B....6415166& sr=8-1