To keep a long story short, I’ll stick with the facts. In summer of ’08, I moved into my new townhome. In October ’08, the neighbor’s son (who has a room which shares a wall with my unit) started to play drums. The very first day I went over and said it was very loud. The neighbors were very unapologetic about it and just said they’ll have him start an hour later. What?
The drumming was always during ‘waking hours’ and only for an hour or so, but it was more or less an everyday occurrence, and it got to the point where I couldn’t take it anymore. I talked to them again and asked them to move the drums somewhere else where it wouldn’t be so loud. They refused and only got some drum ‘mute’ pads which didn’t really mute anything – they were still loud.
I tried to deal with this through the summer of ’09, but finally I just got sick of it, and wrote them (and their owner/landlord, since they are renters) a letter detailing how much the sound bothered me, and offered alternatives to playing the drums literally feet away from my unit. The renters ignored me and the landlord was unsurprisingly on their side. So finally in September 09, I called the police, who came out to talk to them.
Since that time, there’s been no drumming. But yesterday, the landlord called me up and said he’d been out of town the past few months and he’d received numerous calls from the renters apparently asking him to resolve this situation. The landlord pretty much lit into me about how I’m selfish and ‘high-maintenance’ for not letting this kid drum for an hour a day. I told him that our city (we’re in Southern CA) has a 24h noise ordinance, and the drum-playing is most likely over the noise limit, and the next time they play, I’ll use my sound meter to confirm. We had a few more heated words, but we did end up deciding that he would talk to his renters and see if he could get the drums moved into the unit somewhere that doesn’t share a wall with my unit and see if that gets the noise down to a reasonable level. I doubt anything will come from this, seeing as how asking the renters to move the drums was one of the first things I ever did, and they basically ignored that.
So who is being unreasonable here?
Their side is that they’re only playing during daylight hours, and only for about an hour a day. They also claim that no one else has ever complained about the drum noise. They think it’s something I should learn to tolerate.
My side is excessive noise is excessive noise, and that noise level statutes are written for a reason. I’m bothered by it, and if the noise is legally above the limit, I should call the police. I also have a signed statement from a neighbor in another unit stating that the noise is bothersome to them as well (although they have never complained formally – they said they didn’t really want to get involved like that). There are also so many alternatives to having the drums feet away from 2 different units – electronic drum pads or renting a storage unit for like $60/mo and playing there. They refuse to do any of this.
I suppose I’d have been a lot more willing to compromise with them if at ANY point during this ordeal they’d been apologetic or valued my feelings about this at ALL. It’s clear at this point they just see me as a nuisance and how dare I try to stop the drumming.
One hour on any given day I can handle, but one hour pretty much every single day? Especially when there are so many other ways this kid could drum WITHOUT bothering people? That seems a little ridiculous.
mcq: I completely agree, which is why I bought my sound meter. The next time he plays, I’ll measure the sound, and if it’s below the limit, then I’ll just have to grin and bear it. If it’s over, I’ll call the police out. The first time I called the police, the kid had stopped playing by the time they got here.
boogie: Yea, the drumming has stopped for now, and before yesterday, everything was fine. But talking to the landlord, it was pretty clear that they’re not ready to give up this fight yet… but I won’t either.
Woopy: the problem with that is this kid plays when he gets home from school (which is about 3), and I have a job where I come in early and come home early (about 2 pm), so there really aren’t any suitable times for him. But that’s not MY problem, it’s theirs
It seems that those of you who drum (like this kid next door) or know people who do drum and are ok with it seem to be living under the impression that you have some kind of right or entitlement to play the drums. You DO NOT. Your rights end where your neighbors’ rights begin, i.e. the property line. If you want to make noise, YOU need to be the one who buys a house or practice space. The laws are there for a reason.
Joshua: It’s not a blanket 24h noise ordinance. There are exceptions for things like, you said, lawn mowers and the like. The difference is that when someone needs to mow their lawn, they can’t mow their lawn somewhere else. Also, lawns need to be mowed, that’s a fact of life. As for drums, those are not a necessity, and those also do not HAVE to be played indoors, much less in a shared living environment, and special noise ordinances are placed on things like that.
If there is a noise ordinace during the day, AND they are violating it, the police should be fining them. Whether you’re being unreasonable, or its annoying, or whatever doesn’t matter; the law is the law. If they AREN’T violating any ordinances, statutes, etc, and the landlord doens’t take issue with it, then you have to deal with it. Are they being rude by causing such a disturbance? Yes. But if no laws are being broken, you just have to suffer with it. That totally sucks, and I would hate it just as much as you do, but that’s how it is.
an hour a day during daytime hours. you are being unreasonable. is there a reason why you can’t leave at that time?
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You might one day play the TV too loud, throw a raucous party, have energetic noisy sex, arguement with lover, etc. Also, would you prefer the neighbors kid in a gang? Maybe you could go to the park, take a hike, walk the dog, go shopping for the one hour a day?
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If there is a noise ordinace during the day, AND they are violating it, the police should be fining them. Whether you’re being unreasonable, or its annoying, or whatever doesn’t matter; the law is the law. If they AREN’T violating any ordinances, statutes, etc, and the landlord doens’t take issue with it, then you have to deal with it. Are they being rude by causing such a disturbance? Yes. But if no laws are being broken, you just have to suffer with it. That totally sucks, and I would hate it just as much as you do, but that’s how it is.
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You do NOT have to "learn to tolerate" ANY unnecessary racket from the neighbors , whether they`re next door , or across the city !!!! You have certain enforceable RIGHTS to protection from harassment in your own home ! This type of noise is one of the worst forms of harassment…………. I know that from personal experience ! It can be unbearable !!
Do NOT agree to any form of compromise at this point !! Tell your neighbors and their landlord that the minute you hear the drumming start …………. you`re on the phone to the cops !!!! ………… PERIOD !!!! Tell them THEY`LL have to learn to tolerate THAT !!
There`s no way they`re allowed to make your life a living hell , and if they do ….. go after them relentlessly, like a Pit Bull on steroids !! Make THEIR life a living hell …….. legally !!
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I empathize with you 100% – and I love the way you are handling it and how you represent yourself here.
I too live in Southern California and there is indeed a no tolerance noise violation here and breaking the law for an hour a day is still breaking the law. Their attitude would bother me as well………and how very rude of someone to take up drumming in an apartment setting with a shared wall, floor or ceiling.
As you said, the drumming has stopped and you really have done all you can do for now. If it starts again, you need to once again call the police (especially since the landlord is of no real help)
I hate situations like this………..good luck to you and your sanity
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Since that time, there has been no drumming. So why are U asking a question?? Problem is solved. Let them handle it since they are not bothering U any longer.
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I think you are being unreasonable. I understand how annoying it might be but it is only one hour; perhaps instead of telling them to not play the drums, how about arranging an hour where it would work for both of you. Maybe while you are at work or out at the gym. Try to work things it because it isn’t worth it to have enemies over an hour of drum playing.
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An hour a day? Perhaps you are being a little militant here. A child who is home playing a musical instrument is not out running the streets. They have a lower risk for drug abuse and for early parenthood. It would have been much nicer if you had been given some consideration in this matter but you weren’t. Be a grownup- take up a hobby of your own-maybe walking for an hour a day!
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Sounds like they are clearly in the wrong. Also, as you say, you have the force of law on your side. That’s not cooincidental. Any time you are arguing for a thing that is covered by law and your opponent is acting against the law, you are, by definition, correct.
They sound like they just don’t care. So screw em. Make them care. They want to share air with us on this planet, they can damn well take our existence into account.
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If you can’t deal with someone else’s noise for AN HOUR a day then possibly you should look into buying instead of renting. That is completely unreasonable, just for that he should drum all day every day oh wellll.
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My boyfriend is a drummer.
I’m sorry, but try living in a house with two teenage brothers who among them play the guitar, drums, bass guitar, flute, and keyboard (aswell as really really loud heavy metal music) on a daily basis. NO matter how much I kick and scream about it when I’m in a bad mood, I still accept that noise is a part of life, and music is a creative art. I suppose you’re moaning because it’s interrupting your knitting, or garden-gnome painting? Get real.
We all have to make compromises. I would have loved to hear your suggestions that you mentioned in your letter to them? Would you prefer the noise after daylight hours or something? $60 a month is laughable, who has that money, and who would spend it satisfying someone so uptight- I didn’t hear you offer to pay that rental yourself.
And who the hell sits at home all day anyway? Sounds like the boy has a schedule worked out, good for him, and he sticks to it. Why the hell can’t you arrange to get out of your house during those hours? Take a walk, visit a friend? Jeez, enjoy life a little, would you? Sounds like this problem has become the centre of your attention and that you spend all day preoccupied with it. Accept you can’t always win and get off your high horse.
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The kid wants to learn the drums, let him learn the drums! In a country where music is being stifled by budget cuts in our school system, the home is one of the few places where a love of music can be fostered. I understand your issue, and yes there is more they can do to control the noise level.
Now what you must do is to be reasonable and approach the situation calmly. Record the day, time, noise level and duration of the drumming every time you hear it. Draft a formal letter to the landlord requesting that additional soundproofing be placed between his unit and yours. Write a letter to your neighbors acknowledging their son’s desire to learn music and how you support his decision. Add however that they need to do more to protect their neighbors from the noise pollution that his instrument creates. Include the meter readings in both letters as well as a copy of the town/state ordinance which bans noise. Ask them to please address the issue within a reasonable amount of time or you will continue to call the police.
There are some things you need to remember: There is a possibility that there is no where else in the home that the drums can be placed. Most renters to not have the right or ability to alter their rooms in anyway, so they will not be able to put up any soundproofing without the landlord’s OK. It is only an hour a day and the child has an activity that he clearly likes or did like before you called the cops on him.
In all honesty a 24 hour noise ordinance is ridiculous, how can anyone mow their lawn without breaking it?
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