Cease and Desist Letter

The Cease and Desist Letter is a document that is used to address a complaint of noise caused by a neighbor. The letter is written by the occupant of the property who is experiencing the nuisance and seeks to resolve the issue. The document begins with the account information of the sender, including their name, job address, phone number, and email. The recipient of the letter, referred to as 'the neighbor,' is addressed by their name and the address of their property.

 

The letter starts by stating the problem of noise caused by the neighbor. The sender explains that since they moved into the property on a specific date, they have noticed loud music being played frequently after a certain time and lasting until a specific time for a certain number of times per week. The sender further clarifies that after investigating, they have discovered that the noise originates from the neighbor's premises, specifically above the master bedroom of the sender's property.

 

The sender expresses the negative impact of the noise on their family, stating that they are unable to enjoy a peaceful sleep and that it affects their ability to concentrate on work during the day. They mention that they have made numerous complaints to the management office of the building, but no action has been taken. The management office has promised to issue warning letters to the neighbor, but it has had no effect. The sender has also requested a meeting with the neighbor, but the neighbor has refused.

 

The sender then refers to the laws of the jurisdiction state, stating that creating noise that is a source of annoyance to any person in domestic premises is considered an offense. They believe that the noise created by the neighbor constitutes noise pollution and/or nuisance and request the neighbor to cease and desist from causing such noise. The sender mentions that the building is not soundproof, and they have had to endure periods of noise from the neighbor. They express the hope that the neighbor will become a considerate neighbor.

 

The letter warns the neighbor that if they do not stop the noise, a lawsuit will be filed against them. The sender states that if legal action is necessary, they will seek recovery of all legal fees and costs incurred. They emphasize that this is the final warning and that if the neighbor does not confirm in writing by a specific date that they will cease the nuisance, a lawsuit will be commenced immediately. The sender reserves the right to take further legal actions if the noise pollution persists.

 

The letter concludes with the sender's name and address and includes a schedule for recording instances of noise nuisance, with fields for the date, start time, finish time, and noise description.

How to use this document?

1. Identify the problem: Clearly state the complaint of noise caused by the neighbor, including the specific times and frequency of the noise.

2. Provide evidence: Explain how the sender discovered that the noise originates from the neighbor's premises, specifically above the master bedroom of the sender's property.

3. Previous complaints: Mention the previous complaints made to the management office of the building and the lack of action taken.

4. Legal implications: Refer to the laws of the jurisdiction state regarding noise pollution and nuisance, emphasizing that the neighbor's actions are considered an offense.

5. Cease and desist: Request the neighbor to immediately stop causing the noise and become a considerate neighbor.

6. Warning of legal action: Warn the neighbor that if they do not cease the nuisance, a lawsuit will be filed against them, and the sender will seek recovery of all legal fees and costs.

7. Final warning: State that this is the final warning and that the neighbor must confirm in writing by a specific date that they will cease the nuisance.

8. Further legal actions: Reserve the right to take further legal actions if the noise pollution continues.

9. Conclusion: Sign off the letter with the sender's name and address.

10. Schedule - record of noise nuisance: Include a schedule for recording instances of noise nuisance, with fields for the date, start time, finish time, and noise description.