Dealing with a disturbing or noisy neighbor – filing a claim and receiving compensation

Dealing with a disturbing or noisy neighbor with the assistance of attorney Eddie Blitstein

Attorney Eddie Blitstein Has many years of experience In handling claims regarding dealing with a disturbing or noisy neighbor. Attorney Blitstein will represent plaintiffs and defendants with great success in these issues, And won impressive victories in the courts or before the condominium supervisors.

Attorney Eddie Blitstein only accepts complex neighbor disputes and only when the claim amount exceeds 100,000 shekels.

Dealing with a disruptive or noisy neighbor can sometimes be a daunting task, especially when the situation escalates to the point of a neighbor dispute and requires filing a lawsuit against one or more neighbors. This article will detail what you can do to overcome the problem and regain peace in your life.

It is important to use the services of Neighborhood Dispute Lawyer In order to end the conflict as soon as possible And by investing as little money as possible. An experienced lawyer will know exactly what to claim and what procedure to take to resolve the problem as soon as possible.

This article will not deal with attempts to talk to the unruly neighbor in order to reach an understanding and end the neighborly conflict amicably, because this article assumes that you have already tried to resolve the dispute amicably, but the unruly neighbor continues to make your life miserable.

The question arises: Is filing a lawsuit against a disturbing or noisy neighbor the right solution to resolve the neighbor dispute? There is no definitive answer to this question that will necessarily suit every case, but in this article we will attempt to address the common situations that come to the attention of attorney Eddie Blitstein and the possible courses of action.

Dealing with a disruptive or violent neighbor

In extreme cases, neighbor disputes can escalate to severe verbal and even physical violence. In these cases (especially in cases of physical violence), you should immediately seek help. Instant To the police and file a complaint. Do not file False complaint (False) – In these cases, charges may be filed against you Civil lawsuit And you may have to pay financial compensation.

You can also immediately go to court and request an order to prevent threatening harassment. This is a relatively short and simple procedure in which you will be summoned to a hearing before a judge within 7 days. To do this, you must submit Application for an order to prevent threatening harassment in ex parte statusThe application can be filed in any court throughout the country.

If your request is granted, the court may order the harassing or violent neighbor to refrain from contacting you in any way for a period of several months. The order may be renewed as and when the situation warrants.

In some cases, dealing with a disruptive or violent neighbor will not end after receiving the order from the court, because in this process the court does not discuss the issue of financial compensation in favor of the person filing the order. If and to the extent that you have suffered physical damage or damage to your property, you will need to file Damages claim (Financial claim) to the court.

כדי להבין לאיזה בית משפט כדאי להגיש את התביעה צריכים קודם להבין איזה נזקים נגרמו לכם ומהו סכום הנזק המצטבר. באופן כללי צריכים להבין שלכל בית משפט ולכל הליך משפטי יש יתרונות וחסרונות. כך לדוגמה; הגשת תביעה קטנה מוגבלת עד לסך של כ-40 אלף ש"ח בלבד (הסכום מתעדכן מדי שנה) אך מדובר בהליך מהיר יחסית, שאינו מצריך שכירת שירותיו של lawyer.

On the other hand, filing a lawsuit against a neighbor after dealing with a harassing or physically violent neighbor cannot be done in small claims court, because proving physical damages would require filing a lawsuit. Opinion רפואית, ובית משפט לתביעות קטנות אינו מטפל בהליכים אלה (בין היתר, משום שלרוב סכום הנזק עובר את ה-40 אלף ש"ח).

Dealing with a neighbor who spreads slander

This issue has become particularly common in recent years, in light of the development of technology and the creation of WhatsApp groups Relevance to neighbors living in the shared building. In cases like this, one neighbor spreads publicly Offensive, derogatory, and humiliating statements against another neighbor. These statements may fall under the defamation law and may acquit the victim. With very high financial compensationIn these cases, it is certainly possible to file a lawsuit against a neighbor and win in court.

In cases like this, there is no need to rush into filing a defamation lawsuit using Defamation lawyer, but you must first document the offensive statements. You must remember that all defamation cases are based on the fact that the offensive statements were made in public. If you cannot prove in court that the statements were made in public (for example, through witnesses or correspondence or recordings), you will not be entitled to financial compensation.

After documenting things, it is best to send them first. Warning letter before taking legal actionThere will be cases where, after sending the warning letter, the unruly neighbor will delete the offensive statements (if they were written, for example). In the WhatsApp group) and apologize. This behavior may serve you in court, as it may be interpreted as an admission of the allegations you made in the warning letter.

If the unruly neighbor ignores your letter or does not act as required, there will be no choice but to file a complaint. Claim To court. After filing the lawsuit, don't be surprised if the neighbor or his lawyers try to contact you in order to reach some kind of compromise so that the defendant doesn't have to go to court.

Dealing with a noisy neighbor

Neighbors make noise in a variety of ways. Sometimes the noise is expressed in loud music, sometimes shouting, and sometimes even dragging furniture across the floor. This behavior can drive even the calmest person crazy.

Dealing with a noisy neighbor It is not always simple because there is no dispute that the neighbors in the building are allowed, for example, to listen to music. The difficulty in handling these complaints or claims is proving that the noise is of an unreasonable intensity. In order to prove that the noise is of an unreasonable intensity, a measurement can be made using special equipment that measures the decibels (db) of the noise. The problem in this case is that this requires special equipment and one needs to know how to operate it.

Calling a professional is not always possible because you don't always know when your neighbor will make noise or drag furniture across his floor, and it is unlikely that the professional will sit and wait at your house for an unlimited amount of time (unless you are willing to pay him a significant amount of money - which is unlikely to happen in most cases).

Assuming you have witnesses to the existence of noise nuisance from neighbors or other evidence (for example, recordings) indicating the existence of the noise over a long period of time, you can file a claim and request to receive injunction Forbidding noisy neighbors from continuing to make noise.

Pay attention – Dealing with a noisy neighbor by going to court should only be done if the noise is continuous and loud over time. If it is a one-time thing or if you do not have evidence that the noise is continuous over a long period of time, the likelihood of you succeeding in court is low.

Dealing with a neighbor who doesn't take care of a leak in his house

Leakage from neighbors It can cause serious damage to your home, so in these situations you must act quickly to treat it. If you have contacted your neighbor and he refuses to fix the leak, you should check whether the neighbor is the owner of the apartment or just renting the apartment.

If it is a tenant, contact the landlord immediately. The landlord, not the tenant, is responsible (in most cases) for repairing leaks in the home, and therefore if the leak is not repaired, the claim will be filed against the landlord and not necessarily against the tenant (in certain cases, you should consider filing a claim against both the landlord and the tenant).

There are relatively extreme cases where neither the tenant nor the landlord takes responsibility and does not repair the leak. In such a situation, you must first repair the leak at your own expense and then file a lawsuit in court.

The problem in these cases is that sometimes the leak comes from inside the neighbor's house (or the pipe that can only be reached through the neighbor's house) and therefore it is not possible to carry out the repair. In these cases, a request for temporary relief must be filed immediately before filing the lawsuit. This option exists by virtue of Regulation 95 of the Civil Procedure Regulations, which states as follows:

(a) A request for interim relief shall be submitted in writing and subject to this chapter.

(b) A request has been submitted for the granting of Temporary relief In a lawsuit, the court may grant the requested relief, if convinced, based on prima facie sufficient evidence of the existence of a cause of action, of the fulfillment of the conditions for granting the relief as stated in this chapter, and of the necessity of the temporary relief for the purpose of achieving the goal.

(c) Notwithstanding the provisions of subregulation (b), the court may grant temporary or interim relief even before filing a claim if it is satisfied that this is justified in the circumstances of the case, provided that the claim is filed within seven days from the date of the order or at any other time ordered by the court.

(d) In deciding whether to grant temporary relief, as well as in determining the type of relief, its scope and conditions, the court will consider, among other things, the following considerations:

(1) The harm that may be caused to the applicant if the temporary relief is not granted compared to the harm that may be caused to the respondent if the temporary relief is granted, as well as harm that may be caused to another person or to a public interest;

(2) If there is no other remedy that is less harmful to the respondent and that achieves the purpose for which the temporary remedy is intended;

(3) The good faith of the parties, both in relation to the substance of the matter and in relation to the filing of the claim and the request for interim relief, and whether the applicant did not delay excessively under the circumstances of the case in filing the statement of claim or in filing the request for interim relief.

כלומר, לאחר הגשת הבקשה למתן סעד זמני עליכם להגיש את התביעה תוך 7 ימים על מנת שהצו לסעד זמני ימשיך להיות בתוקף (אם התביעה לא תוגש – הצו יתבטל). במסגרת הבקשה לסעד זמני תוכלו לדרוש "Order made" במסגרתו בית המשפט יורה לצד שכנגד לתקן את הנזילה או ירשה לכם להכנס לביתו של השכן (קרוב לוודאי בליווי שוטרים) ממנו יש נזילה ולתקן את הנזילה על חשבונכם.

Dealing with a troublesome neighbor in a different way

Neighbors can harass each other in many ways, so dealing with a harassing neighbor depends on the individual circumstances of each case. If you have encountered a harassing neighbor or neighbor disputes on issues not listed in this article, you are welcome to contact our office by phone and schedule a consultation (the consultation involves a fee).

Frequently Asked Questions About Dealing with a Disturbing Neighbor