Can I File a Nuisance Lawsuit in Small Claims Court?

Yes, you can file a nuisance lawsuit in small claims court, particularly for a private nuisance. But make sure the case meets your state's small claims dollar limits. Also, understand that in most small claims courts, all the court can do is award you a sum of money. If you want the court to order the offending party to stop what they're doing—what the law calls "injunctive relief"—you might have to file your case in a different court.

We explain what a private nuisance is, what you need to prove, how long you've got to sue, the damages you might win, and more.

Private Nuisance: Examples and Elements

More often than not, a private nuisance involves a neighbor-against-neighbor dispute. The family living next door has a dog that barks throughout the day, making it impossible for you to work. Or your neighbor's security spotlight shines into your bedroom, keeping you awake all night. You, or maybe you and a couple of other homeowners, are the only ones bothered.

The elements of a private nuisance claim are decided by state law. In general, though, a winning lawsuit requires proof that:

• you own, rent, or lease property
• the defendant (the party you're suing) interfered with your use or enjoyment of your property
• the interference would be annoying or disturbing to a reasonable person, and
• because of the interference, you were harmed (for example, your sleep was disturbed).

How Long Do I Have to Sue?

Nuisance lawsuits, like all others, are subject to a filing deadline called a "statute of limitations." A statute of limitations has one job: To kill legal claims that aren't filed in time. Try to sue after the limitation period has run out, and the court will have no choice but to dismiss your case. Should that happen, you've lost the right to collect compensation for your injuries.

In a private nuisance lawsuit, the controlling statute of limitations will depend on whether you're suing for personal injuries, for property damages, or for both. Typically, you've got two or three years from the date you realize you've been harmed to file your case in court. But each state gets to decide on its own deadline, so be sure to check your state law.

If you're not sure how much time you've got to bring your case, speak to a lawyer right away.

Damages for a Private Nuisance Claim

If you succeed with a private nuisance claim, you'll get "compensatory damages." As the name suggests, these damages are meant to compensate you for actual losses you suffer because of the nuisance. Here's a partial list of the kinds of damages that might be included.

Property Repair or Replacement

When your property is damaged, you're entitled to be paid for your repair costs. If the property is total loss, you can recover the lesser of your replacement cost or the fair market value of the destroyed property. To prove repair costs, a bill showing the amount you paid will suffice. You'll need proof of replacement cost or fair market value for any items that are destroyed.

Loss of Use

Even if your property doesn't suffer actual, physical damage, you can recover for the loss of use caused by a private nuisance. Loss of use damages often can be proved by showing the cost to rent similar property.

Loss of Value

If the value of your property is permanently reduced because of a private nuisance, you can collect the decrease in fair market value. When the nuisance is temporary, ask the court to award you the fair rental value of the property for the time you weren't able to use it. In either case, you'll need reputable estimates or figures from a qualified property valuation expert.

Personal Injury

When a private nuisance causes you to suffer an illness or injury, you'll want the court to order that you be compensated for your personal injury damages, including medical bills, lost earnings, pain and suffering, and more. Medical records and bills will document your condition and what you paid for treatment. A statement of lost wages from your employer's human relations department will prove your lost income.

How Do I File a Private Nuisance Small Claims Case?

Let's begin with some pre-lawsuit steps you should take. Then we'll walk you through a lawsuit preparation and filing checklist.

Pre-Lawsuit Homework

First, learn about the small claims court rules in your state. Most state court websites have information about how small claims cases work. Colorado, for example, has information about small claims cases and forms you can use. This page from the Kansas courts has links to forms, resources, and a step-by-step guide to Kansas small claims cases.

Second, take some time to think about whether filing a lawsuit is a good idea. Even in small claims court, a lawsuit can be costly and time consuming. Before you sue, talk to your neighbor (if you can safely do so). An informal, negotiated solution usually works to everyone's benefit. If you can't work things out on your own, consider an informal dispute resolution method like mediation or arbitration.

Third and finally, don't waste your time with a lawsuit unless you can collect if you win.

Lawsuit Preparation and Filing Checklist

OK, now you're ready to prepare and file your case. Here's a checklist of the steps to follow.

• Learn the law. Check your state law to make sure you're familiar with the elements of a private nuisance suit. In addition, when there's a question about whether your neighbor is using their property legally, contact your your county zoning office to find out about applicable land use rules. If you can show that your neighbor is violating an ordinance or a zoning regulation, winning your case becomes easier.
• Get your paperwork together. In particular, make sure you can prove the damages you're asking the court to award. Repair estimates and bills, estimates of fair market value, rental charges, and medical records and bills are some of the documents you might need.
• Draft your lawsuit. Check your state and local court websites to see if there's a court-approved form you can use. It might be called a "complaint," a "petition," or something else. Using a court-approved form, if one is available, will make it easier for the court to understand your case.
• Prepare any other necessary paperwork. You'll need an order called a "summons," which lets the defendant know they've been sued and directs them to respond to your case. In some places, the court clerk will prepare this order. Other times, it'll be up to you. If it's your job, once again, look for a court-approved form.
• Arrange for service of process. Once you file your case and pay the filing fee, you must have the defendant served with your lawsuit. Sometimes, the court clerk's office will arrange service. Check your local small claims rules or ask the court clerk about the procedure.

Next Steps

Once the defendant has been served, appearing in court to present your case is usually all that's left to do. Get tips for success and learn how to present evidence and witnesses in court. We've also got answers to some of the most common small claims court questions. If you want to speak with a lawyer to learn more about your case or how to present it, here's how to find the right lawyer for you.