State Specific Question About: NEW JERSEY (NJ)

Another reason for month to month rental agreements.

Call the police and make a 'loud noise' complaint. If they show up and confirm the loud noise, then you have the needed proof in court to evict.

This actually varies quite a bit by state as to whether or not you can record this audio without giving notice. Even in an "all party" state where you'd normally need to have the permission of both sides to record a conversation, there is usually an exception for talk/noise that would have no expectation of privacy. I would think that you could argue that anyone being loud enough to be heard outside or in someone else's apartment does NOT have a "reasonable expectation of privacy" for that. In other words, if they are screaming at each other -- then they can't expect that to be private.

In general, recording PUBLIC noise is not an issue -- so, based on that logic, you could record them provided that you did it from outside or your own apartment and they were loud enough to be heard.

But, again, varies GREATLY by state. You'll need to check yours to be safe. I am not a lawyer. Your mileage may vary. Look both ways before crossing...

- John...

Court/judges are a hard way to try to solve everyday problems, but I think some people like the drama and maybe take pleasure in hearing the judge rule in their favor.

Anyway, if this is really bad, I would just be terminating the tenancy. Not sure how long you have left on the lease.

My lease specifically has a list of things that a tenant can be evicted for. Disturbing others is one of them. In the future, a MTM lease is the best for owner occupied, IMO. You give them a 30 day notice and with some luck, bye-bye, they're gone.

You should send a NOTICE TO CEASE letter regarding unneighborly behavior, request compliance, and suggesting eviction as a remedy if noise doesn't stop.

A video from your home will help the police. My guess is if you are in YOUR home or yard and capture the events this proves the sounds were loud enough.

Letters to the resident will help the judge.

If you want to evict for noise, be able to show the judge multiple letters over a period of time.

Video may only infuriate the res.

Your easiest management tool is a simple, concise letter. It documents that you tried to work things out with the res.

Robert J is correct, you need a decible meter.

Let's say you use a normal tape recorder (or digital, these days). What is the proper way to set the volume when you play it back in court? If you have a good tape recorder, you can boost a whisper up to a shout. How can your recording show what the original decible level of the noise might have been? It is worthless to any judge who has even a minimal comprehension.

I agree that if they are noisy enough that you can record it in your own rooms without any amplification, it is probably legal to do, but that recording does not prove anything.