Can I audio record my upstairs neighbor being loud af?

[z1ggy]

New upstairs neighbor stomps around and sounds like she's literally sprinting around up there and rolling 50lb boulders around. Cops told us (because she also likely damaged our property recently) to keep a log of all events, but I also want to record this so I have a lot of evidence for when I file a complaint against her.

1) I live in NJ which is a One Party consent state, so... is that legal?
2) If it's legal, what device can I use? My cell phone can't really get the "full effect" of this wall rumbling

 

[s0me0nesmind1]

If it's a one party consent, I don't see why not.

Even if it was 2 party consent, I would figure there is some means to justify recording as well. If someone is banging on your door and trying to break in, it obviously isn't reasonable to expect a "SIR, Just to let you know you are being recorded, do I have your consent?!"

 

[Zim Hosein]

New upstairs neighbor stomps around and sounds like she's literally sprinting around up there and rolling 50lb boulders around. Cops told us (because she also likely damaged our property recently) to keep a log of all events, but I also want to record this so I have a lot of evidence for when I file a complaint against her.

1) I live in NJ which is a One Party consent state, so... is that legal?
2) If it's legal, what device can I use? My cell phone can't really get the "full effect" of this wall rumbling

1. Yes.
2. Digital audio recorder with microphone.

 

[brianmanahan]

only if you post it to ATOT

 

[DigDog]

technically you are recording the ambience audio from your own property.
I would advise you to add some recognizable noise to give an idea of the actual loudness, e.g. a microwave pinging or a phone ringing.

 

[Naer]

My brother did jumping jacks many times at one point or some noise inducing exercise. A women that lived on the floor below went up, knocked on our door and asked whoever to stop doing jumping jacks. He did. End of story

 

[brianmanahan]

I would advise you to add some recognizable noise to give an idea of the actual loudness, e.g. a microwave pinging or a phone ringing.

smoove jazz

 

[Brainonska511]

Have you tried talking to your neighbor?

 

[pmv]

Have you tried talking to your neighbor?

In my experience that never, ever, works.

 

[s0me0nesmind1]

In my experience that never, ever, works.

As evidenced by the 0 times you have tried it?

 

[Brainonska511]

In my experience that never, ever, works.

Perhaps, but worth asking.

 

[Torn Mind]

MD is two-party consent but for noise spilling over into another's property, the privacy rules do not apply and can be admitted as evidence.

Now, actually proving the case probably would need a decibel meter since laws are usually spec'ing decibel ratings.

 

[pmv]

Perhaps, but worth asking.

Last time I tried it resulted in threats of violence. So, no, not worth asking. Should have skipped straight to calling the authorities (when I did, they tried to assault them as well!)

Edit - meh, I'm just jaded, having had very unpleasant experiences with this sort of thing in different cities decades apart. Probably shouldn't listen to me. It does now occur to me that in the US it might be dangerous to get authorities involved, if those authorities take the form of cops, anyway.

 

[nakedfrog]

You can pick up a Zoom digital recorder for around $100 or less used, that might do the trick.

 

[DigDog]

Last time I tried it resulted in threats of violence. So, no, not worth asking. Should have skipped straight to calling the authorities (when I did, they tried to assault them as well!)

Edit - meh, I'm just jaded, having had very unpleasant experiences with this sort of thing in different cities decades apart. Probably shouldn't listen to me. It does now occur to me that in the US it might be dangerous to get authorities involved, if those authorities take the form of cops, anyway.

as the famous Zen aphorism goes,

"if a neighbor makes a sound,
but the cops show up and kill you
leaving noone to hear it,
does he still make a sound?"

 

[lxskllr]

Drill a hole in the ceiling, and pipe in CO. I guarantee the noise will stop.

 

[dank69]

Drill a hole in the ceiling, and pipe in CO. I guarantee the noise will stop.

 

[IronWing]

Download the NIOSH sound meter app for your phone and record the decibel levels with time and date stamp. That's the only metric that is enforceable if your locale has a noise ordinance.

 

[GrumpyMan]

I once had a lady and her 5 and 6 year old boys move in upstairs to me and she baby sat on the weekends. Yeah, never again. Those kids did not walk, ever, they ran and jumped off the couch, bed and anything they could jump off of. It sounded like an NFL game had broken out upstairs. It's not the kids fault as they do what kids do, run and jump on stuff and then jump off. I moved out at the end of the month. Thank God my lease was already up! 1 story buildings for me now or a tent.

 

[z1ggy]

Have you tried talking to your neighbor?

This is a woman who filed a complaint against us for installing solar powered LED lights around our porch area, claiming they were spy cameras. HOA told her she's nuts. Guess what happened the next day? We woke up to find all the LEDs cut and the solar panel power leads cut. So yeah, I'm not going near that lady. She's certified COO COO for cocopuffs.

MD is two-party consent but for noise spilling over into another's property, the privacy rules do not apply and can be admitted as evidence.

Now, actually proving the case probably would need a decibel meter since laws are usually spec'ing decibel ratings.

That's what I figured, some kind of meter to record the loud noises. Problem is I feel like a lot of the energy is transmitted through vibrations in our ceiling/walls rather than as sound waves in the air but nonetheless I will give this a try. I'll start with a free or low cost app for the phone but if that doesn't capture the "true" nature of the Olympic gymnast routine she's currently doing, i'll have to splurge for something more hi-tech.

 

[Brainonska511]

This is a woman who filed a complaint against us for installing solar powered LED lights around our porch area, claiming they were spy cameras. HOA told her she's nuts. Guess what happened the next day? We woke up to find all the LEDs cut and the solar panel power leads cut. So yeah, I'm not going near that lady. She's certified COO COO for cocopuffs.

Sorry to hear that. I too would avoid direct interaction with such a person.

 

[Muse]

In my experience that never, ever, works.

You know, live and let live really helps as a philosophy.

Unless neighbor aims to annoy, it could certainly help to have a talk. I have a neighbor (property next to mine is a smallish apartment building) who used to have TV on all hours, yes even 3-4AM, loud enough to drive me up the wall. I tried various kinds of ear plugs, used to buy them by the box. That helped, but it sucks, is only partially effective and the most effective (gummy things you pinch into shape) waxed up my ears.

I talked to them one day, knocked on their door, had a peak at their sparse furnishings, got a perception of the woman who lived there, at the time with her two sons, apparently. I voiced my concern and she goes "is it too loud?" I didn't answer, what a stupid thing to say. Why would I be knocking on her door if it weren't??? This must be over 10 years ago now.

I would rack my brain, trying to think of some way I can get it to stop. I used to go out in my yard and shine a flashlight on their window back and forth, as a signal that I was here and annoyed. One day/night I tossed a firecracker in the courtyard between us, a simple small firecracker. I observed the woman look out her window for a moment.

One night, maybe 1AM their TV was on so loud I could make out the broadcast's English. I figured it was time to call the police and I did. I don't know what came of that, if the cops came, just don't know, but somehow I have the impression that the perps were alerted. Things gradually got better and now it's rare that I hear stuff from them. It does happen, but when it does it's loud music but not during sleep time... usually, and it does not persist. I just think that them knowing that I was annoyed with their noisy trip influenced them, even unconsciously to consider that their lifestyle was problematical. I mean, having your TV on all the time isn't good for your mental health. I figure it's done a lot in the USA, that is to say, it's not unheard of. Many watch TV for 6 hours a day, in fact I think I heard that was average or something...

I had a roommate here in this house when I was sharing it with other people who made it a point to annoy. He actually left his hifi or TV on with the volume up, locked his door, left the house! He did some petty vandalism here too, a real case. He was the "friend" of one of the guys who lived here. He didn't last long.

 

[ch33zw1z]

If it's a one party consent, I don't see why not.

Even if it was 2 party consent, I would figure there is some means to justify recording as well. If someone is banging on your door and trying to break in, it obviously isn't reasonable to expect a "SIR, Just to let you know you are being recorded, do I have your consent?!"

In MA, you must notify and get consent to record audio, not video.

 

[Muse]

This is a woman who filed a complaint against us for installing solar powered LED lights around our porch area, claiming they were spy cameras. HOA told her she's nuts. Guess what happened the next day? We woke up to find all the LEDs cut and the solar panel power leads cut. So yeah, I'm not going near that lady. She's certified COO COO for cocopuffs.

I've never lived where there's a HOA, but my sister does and she's having a problem with a neighbor downstairs who smokes on his porch. He's also acted menacingly to some tenants. They have recently engaged in hearings in an effort to control or expel the guy (he lives with his mother, apparently has a criminal record). Sister is optimistic they can get him removed from the condo complex (sister owns her unit with her partner).

I'd think that the evidently documented case of your neighbor vandalizing your LEDs and solar panels would be enough to get them kicked out. I'm surprised that hasn't happened already.

 

[Torn Mind]

This is a woman who filed a complaint against us for installing solar powered LED lights around our porch area, claiming they were spy cameras. HOA told her she's nuts. Guess what happened the next day? We woke up to find all the LEDs cut and the solar panel power leads cut. So yeah, I'm not going near that lady. She's certified COO COO for cocopuffs.

That's what I figured, some kind of meter to record the loud noises. Problem is I feel like a lot of the energy is transmitted through vibrations in our ceiling/walls rather than as sound waves in the air but nonetheless I will give this a try. I'll start with a free or low cost app for the phone but if that doesn't capture the "true" nature of the Olympic gymnast routine she's currently doing, i'll have to splurge for something more hi-tech.

Sounds like this woman understands extrajudicial justice is a legit avenue to getting what she wants no matter how much people's feelings' get hurt. Would not be surprised if she's running a front for less than savory activities based on her paranoia and her willingness to destroy property.

How exactly are the living quarters configured? Can this neighbor annoying another around her? Again, where I'm at, it's either the police deal with it in progress or two parties have to write a complainant.

It's going to be an uphill battle for you, because these tenants know they have their own legal protections and being an annoying POS is their way of making a moat for themselves. Someone will leave and oftentimes it's the better behaved person...