Nuisance Cases in Small Claims Court (California)
When your property use is unreasonably interfered with, it may be considered a nuisance. The harmed person can go to court to seek compensation.
Common examples of nuisance:
- Noise disturbances: Neighbor playing loud music or having a barking dog during quiet hours.
- Odor or air pollution: Neighbor emitting unpleasant odors or pollutants.
- Water runoff: Improper drainage causing damages or interference.
- Excessive light: Bright lights from a neighboring property.
Learn more about Private vs Public nuisance cases.
🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.
Elements
To win a nuisance case in court, you must prove these legal elements:
Property Right: You owned, leased, occupied, or controlled the property.
Harmful Condition: The Defendant created a condition causing harm.
Conduct: The Defendant’s conduct was intentional, unreasonable, negligent, or reckless.
Interference: The harmful condition seriously affected your property's use or enjoyment.
Unreasonableness: An ordinary person would be annoyed by the Defendant’s conduct.
Lack of Consent: You did not consent to the Defendant’s conduct.
Damages: You were harmed, the Defendant’s conduct caused harm, and the harm outweighed the public benefit.
Example
Your neighbor's loud, late-night parties have been disrupting your peace and causing you sleepless nights. The excessive noise has even made you late for work, affecting your daily routine and causing financial damages.
- Property Right: 02/02/2022, you moved into the property.
- Harmful Condition: 05/30/2022, neighbor's late-night loud music.
- Conduct: 05/25/2022, 05/27/2022, and 05/30/2022, frequent loud music at late-night parties.
- Interference: 05/30/2022, loud music kept you up until 3AM and caused tardiness at work.
- Unreasonableness: 06/01/2022, city's quiet hours from 10PM to 6AM, affecting sleep around 3AM.
- Lack of Consent: 05/30/2022, requested neighbor to end party at 11PM.
- Damages:
- 06/10/2022, $1,000 on soundproof windows.
- 06/11/2022, $50 on earplugs and white noise machine.
- 05/31/2022, lost wages ($100 total) due to lateness.
- Seeking $1,150 total in damages.
To prove an element is true, you need evidence. Your testimony counts, but additional evidence is helpful. Organize evidence by adding important events to your timeline.
Proving Property Right
To prove Property Right, you need to demonstrate ownership, lease, occupancy, or control of the property. Failing this, the other party may claim you were not affected by their actions.
Events to include in timeline:
- Utility bill with your name and property address.
- Government-issued ID linking your name to the property address.
- Signed lease agreement as proof of tenancy.
- Informal agreement with property owner allowing occupancy.
Example
You own the property and reside in it as your primary residence. You show documentation to prove residency.
Proving Harmful Condition
To prove Harmful Condition, show the Defendant created a Harmful Condition (or allowed it to exist) that was, at least, one of the following:
- Harmful to health (e.g., toxic gas or dust in the air)
- Indecent or offensive to the senses (e.g., bad smell, loud noise, bright light)
- Obstructing free use and enjoyment of the property or ability to access or use a public area (e.g., a lake, highway, public park), or creating a fire hazard
- Other potentially dangerous conditions to the property
Events to include in timeline:
- Records of harmful condition with dates, times, details of each occurrence.
- Police reports for complaints about the harmful condition.
- Communication with Defendant regarding harmful condition.
Example
You visited your neighbor’s house at night to confirm the source of the loud music. You saw the party while talking to your neighbor and noticed the music coming from their backyard. You recorded videos from the public street showing lights and music from the house.
Proving Conduct
To prove conduct element, show Defendant's intentional and unreasonable behavior creating harmful condition, or negligence/recklessness. Alternatively, prove harmful condition from Defendant's abnormally dangerous activity, regardless of intent.
Events to include in timeline:
- Photographic or video evidence of the Defendant as the source of the condition.
- Records of all conduct incidents, including dates, times, and details.
- Witness testimony from individuals linking the conduct to the Defendant.
- Police reports filed about the conduct, including details connecting it to the Defendant.
- Communication between you and the Defendant regarding the conduct.
Example
You visited your neighbor’s house at night to confirm the source of the loud music. You saw the party and identified the music coming from their backyard. You captured videos from the public street showing lights and music from the house.
Proving Interference
To prove Interference, you must show that the harmful condition significantly affected your property's use or enjoyment.
Events to include in timeline:
- Photographic or video evidence of the harmful condition or interference.
- Records with dates, times, and details of each occurrence.
- Witness testimony from other neighbors affected.
- Police reports or complaints filed.
- Communication with the Defendant.
Example
You documented dates and times of neighbors' loud parties. Other neighbors provided testimonies verifying some of them.
You have medical records showing your doctor prescribed sleeping medication after these parties began. Neighbors can confirm you complained about sleep disturbances due to the noise.
Proving Unreasonableness
To prove the element of unreasonableness, it must be shown that an ordinary person would reasonably be annoyed or disturbed by the Defendant’s conduct. This requires demonstrating that an average person in your neighborhood would also be disturbed by the Defendant’s actions. Failing to prove this, the Defendant may argue their actions are acceptable.
Events to include in timeline:
- High severity and long duration of the conduct.
- Typical community standards, like quiet hours for the city.
- Defendant’s unnecessary actions without a vital purpose.
- Impaired essential enjoyment like sleeping, relaxing, or normal activities.
- Conduct harmed property value.
Example
City ordinance quiet hours: 10PM to 5AM. Parties lasted until 3AM. Neighbors' testimonies mention loss of sleep.
Proving Lack of Consent
To prove Lack of Consent, you need to demonstrate that you did not provide consent for the Defendant's actions. Failing to do so may lead the Defendant to claim you granted permission, which would undermine your case of harm.
Events to include in timeline:
- Communications requesting Defendant to stop.
- Witness statements when you asked Defendant to stop.
- Written records (emails, social media posts) expressing dislike for conduct.
- Police reports filed about the conduct.
Example
You have text messages on various dates asking the neighbor to stop playing loud music, but they refused or ignored your requests. You posted on social media about being annoyed by the late parties your neighbor hosts and expressed a wish for them to stop. Your neighbor disliked the post.
Proving Damages
To prove that you are owed money due to the Defendant’s conduct, you must show that you were harmed, the Defendant’s actions caused your harm, and the seriousness of the harm outweighs the public benefit of the Defendant’s conduct.
Damages may cover the harm suffered, such as property devaluation, lost wages, medical expenses, or mental suffering. Costs to restore enjoyment of your property may also be compensated.
Events to include in timeline:
- Appraisal report with decreased property value.
- Receipts for property enhancements.
- Medical bills for treating harm.
- Medical record for mental harm.
- Lost wages due to harm.
Example
You incurred three expenses due to your neighbor’s actions:
- $1000 for soundproof windows
- $50 for earplugs and a noise machine
- $100 in lost wages
You include receipts and pay rate copies to prove these damages.
Bringing a Claim for Public Nuisance
This article discusses bringing a claim for private nuisance. If a nuisance affects the general public, it may be considered a public nuisance. The main difference is that public nuisance involves interference with a right that affects the general public, while private nuisance involves interference with the use and enjoyment of your land. Public nuisance affects an entire community or neighborhood, while private nuisance is more individual. Depending on the number of people affected, both claims may coexist. For instance, a public nuisance claim could be if a factory releases pollutants, impacting nearby residents. This type of nuisance affects the general public welfare, not just individual properties.