From NOLO Press
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 (a letter should be enough to prove this, send it Return Written Receipt).
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.