What is a "nuisance"?

The legal term “nuisance” refers to anything that causes offense, interruption of enjoyment, annoyance, or possible trouble, damage, or injury. A legal nuisance may be classified in one of two ways. 

Understanding Nuisance Laws

Public nuisance is a nuisance that takes place in an area, or is of such a nature, that it creates a nuisance to the general public. This can include anything that interferes with the rights, comfort, or safety of others, perhaps by creating a disturbance in a public area, blocking a public sidewalk, or performing other behaviors that disturb the welfare of surrounding people in general.

Private nuisance is the term used for a nuisance behavior that specifically affects the comfort, welfare, peace, or safety of specific people. This does not necessarily mean the nuisance is intended or directed at those people, although it may be. A private nuisance can also include noisy neighbors whose property is near yours (thus affecting you specifically), or poorly-maintained yards on your block that attract mice (thus affecting your own enjoyment of your property). 

Each state handles nuisance claims differently. It is recommended that you take basic, less drastic steps to attempt to handle a nuisance before escalating to a court case. Certified letters, conversations with landlords, and calls to the police are all possible remedies that should be tried first; make sure to keep records and proof of your attempts. Should your case go to court, you should be prepared to prove that the nuisance would have been a problem for a reasonable person, and that you suffered damages (which you will likely be claiming) due to the problem.

If you believe you have a nuisance claim and you decide to handle it in court, it is in your best interests to consult with a lawyer who can provide you with help and advice in taking the proper steps to handle your claim.