Can I File a Noise Complaint Against My Neighbor?

What happens when you file a noise complaint in Texas? If it’s a valid complaint and you live in a city with a reasonable noise ordinance, the offender may get a warning. Repeat offenders may face legal action.

So exactly how do you file a noise complaint against neighbors, and who do you call for a noise complaint? The answer mostly depends on your living situation.

Contact the Landlord

If the person responsible for the noise is renting, their landlord may want to know about their behavior before you involve the law. This is especially true if:

• You are also a tenant of the same landlord
• There are other neighbors nearby
• Their lease or rental agreement has a “Quiet Enjoyment” clause

The “Quiet Enjoyment” clause is defined by Nolo as:

 
“The right of a property owner or tenant to enjoy their property without interference.”
 

This is a clause that requires the landlord to resolve disturbances caused by their tenants, and in extreme cases may empower the landlord to evict unreasonable tenants.

Regardless of what clauses are present, the first line of defense for an apartment noise complaint should be the landlord. If you aren’t renting from the same landlord: look for an on-site office or a sign with a phone number; google search the address and look for the owner’s details; or search property and tax records for your county online.

311 Noise Complaint

Wherever you are, you can always dial 311 for noise complaints. They won’t actually help you submit a noise complaint, but they will connect you to the appropriate service and can provide you with general information.

Public Health Department and Code Enforcement

Do not contact Code Enforcement or the Public Health Department for noise complaints. While they do handle complaints about other nuisances, they will not help with noise complaints.

911 Noise Complaint

Noise complaints are generally not considered emergencies. As such, you should not call 911 for a noise complaint. You can however call the non-emergency line for your police department to report a noise complaint. These numbers are:

• Houston: (713) 884-3131
• Austin: 311
• Dallas: (214) 744-4444
• Fort Worth: (817) 392-4222

Austin’s 311 is their official non-emergency line. If you need to reach Austin 311 but you’re outside the area, call (512) 974-2000.

What is the noise ordinance in my area?

Noise ordinances differ by location and may change over time. Noise ordinances are listed in dB (decibels). Daytime noise limits by city include:

• Houston – 75 dB, or 65 dB for residential areas
• Austin – 80 to 85 dB depending on the time
• Dallas – up to 80 dB
• Fort Worth – 80 dB, or 70 dB for residential areas

Generally speaking, if the sound is at or above the dB limit as heard from the limits of your property, it’s too loud. There are occasionally caveats for noise ordinances – see the links above for details.

How Loud is 75 dB?

The best way to determine the volume of something precisely is with a decibel meter. If you have an iPhone, the NIOSH Sound Level Meter App is accurate enough to use for this purpose. If not, good decibel meters cost about $20-$30 on Amazon.

Using a meter may be a good idea if you plan to build evidence for a stronger complaint and/or ultimately for a court case. However, your ears are likely good enough to decide if the noise is too loud. Here are some common decibel levels to compare to:

• Lawnmower – 107 dB
• City traffic – 85 dB
• Dog barking – 80 dB
• Vacuum – 75 dB
• Normal conversation – 65 dB
• Whispering – 25 dB

Remember that decibel limits apply to how loud they are perceived from other properties. Regardless of how loud the sound is at its source, if it fades enough to be below the threshold before reaching an adjacent property, it’s perfectly acceptable.

Can I file a noise complaint online?

Yes, most cities give you the option to file an anonymous noise complaint online. Many municipalities have 311 websites, apps, and email addresses for this purpose:

• Houston 311
• Austin 311
• Dallas 311
• Fort Worth 311

What if I live outside city limits?

There are no county or state sound ordinances in Texas. For nuisance disputes between neighbors outside of city limits, your only legal option is to file a lawsuit. In this situation you will need to provide evidence of the excessive noise yourself. This is the right time to invest in a decibel meter.

Alternative to filing a noise complaint

Sometimes a noise complaint won’t cut it, such as when:

• The noise is annoying even though it’s technically within the decibel limit
• You’re outside city limits
• Law enforcement won’t do anything
• The noise isn’t sustained long enough to be considered a nuisance
• The noise is environmental like traffic or trains

Hope is not lost. In situations like these, you still have some control. Soundproofing your home is a long term investment and is an action you can take right now to gain some peace and quiet.

Windows are one of the weakest points in a soundproofed room. Properly installed soundproof window inserts fix this problem without sacrificing the aesthetic and functionality of your home. We provide free, no obligation estimates for custom soundproof window inserts. Get in touch with us today and see what your options are. We’re here to help!