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Neighbor making noise

missy

Super_Ideal_Rock
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@Begonia I just googled the issue and looks like the advice above is solid. I know it might be different where you live but here in the USA are the steps one can take against noisy neighbors. HTH.


What to Do About a Neighbor's Noise



Created by FindLaw's team of legal writers and editors | Last updated September 05, 2018
Your neighbor's dog barks at all hours of the night, keeping you up and agitated. At one point, you nearly picked up the phone and called the police. But have you tried simply talking to your neighbors about their noisy dog? Maybe they're such deep sleepers that they don't even know how loud their canine friend can be. Even if you're sleep-deprived and cranky, it's important to take a reasonable approach to such disputes. Below are suggestions for what to do about a neighbor's noise when it becomes a problem.

Neighbor Noise and the Law: Basics

In almost every community, there are laws and ordinances that prohibit excessive, unnecessary, and unreasonable levels of noise.

When you do find the local noise ordinances that apply to the area that you live in, don't be surprised to find out that the laws set aside certain times of the day when there is supposed to be a general quiet. These hours range and depend upon the day.

In addition, many cities and towns also have some prohibition on sustained noise levels above a certain decibel. Police will often investigate by placing a decibel meter near the property line and take a reading over a period of time.

How to Confront Your Neighbor About Their Excessive Noise

If you're already thinking about calling the police or a lawyer, you might want to stop and think about less-adversarial ways to solve the problem first. In many cases, they may not be aware of how loud or distracting the noise is to their neighbors. Below are suggestions for how to address the problem, from talking to filing a lawsuit.

  • Talk - Plain and simple. Rather than having a shouting match across the fence, try instead to ring their doorbell and ask to have a conversation about the noise.
  • Give a warning - You can then give a warning to the neighbor by sending him a copy of the local noise ordinances with the relevant parts underlined or highlighted. Keep copies for your own records. Also, if you happen to live in a planned community or some other neighborhood that has a housing agreement, you can also send a copy of that agreement with the relevant portions highlighted again.
  • Mediation - This is only necessary if you enjoy a good relationship with your neighbor and want it to continue. The mediator will invite you and your neighbor to sit down together and try to hash out a solution to the noise problem. These mediation services are generally available in most cities and sometimes are free or low-cost.
  • Call the Cops - If nothing has worked, you should call the police. You can show the police that you have attempted to solve the noise problem on your own, but that your neighbor continues to violate the noise ordinances. At this point, the police may come in and investigate. Your best bet is to call the police during a period when you feel the noise ordinance is being violated, or giving the time period in which the violation repeats itself.
  • File a lawsuit - If the police fail to investigate, or otherwise do not judge a noise violation, you can file a claim in small claims court. Most small claims courts are easy to navigate because they are designed for citizens, not attorneys.
Suing Your Neighbor for Making Too Much Noise

If neighbors' noise is bothering you and nothing you have done to resolve the situation has worked, you have every right to file a lawsuit. Generally speaking, there are two different remedies that can be sought from such a lawsuit. If you want money damages, you could probably get away with filing a lawsuit in small claims court. However, if you seek a court order from the judge directed at your neighbor to cease and desist making the noise, then you will have to file suit in regular civil court.

In order to win your case in small claims court, you will need to prove that there is excessive and disturbing noise and that your neighbor is the source of the noise. Next, you will need to show that your quiet enjoyment of your home is being disrupted and that you have previously asked the person to stop making the noise. You will need evidence to prove your case. Evidence can be found in copies of documents requesting that your neighbors quiet down, witnesses, recordings of the noise and even your own testimony.

In most states, small claims judgments are limited to maximums ranging from $2,500 to $7,500. A good starting point is $20 to $30 per day that the noise disrupted you. If your job performance was affected you may be able to claim a higher amount.

Excessive Noise and Injury

According to the National Institute on Deafness and Other Communication Disorders (NIDCD), noise of only 85 decibels (60 decibels is the sound of a normal conversation) can cause noise-induced hearing loss over time.

What Should You Do About a Neighbor's Noise? An Attorney Can Help

Disputes with neighbors should be handled with delicacy. This means that you'll need a detailed understanding of your rights and your neighbor's obligations under local laws and regulations. While it's always best to resolve disputes directly with your neighbors, sometimes it's necessary to work with a skilled, local real estate attorney instead.

One last thought (for now),
Are any of your other neighbors affected by this? How about the neighbors on the other side of this noisy family? Can you enlist their help?
 

seaurchin

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@Begonia ...Another thought. Do you have an attorney friend? Can you draft a letter and have the attorney help you and send it registered/certified (whatever the term is). Detailing the complaint and writing you will take action if they don't cease and desist with the noise in the middle of the night? There have to be laws against making so much noise at all hours of the night. And letting the dog bark all night. There has to be a legal avenue you can take. In a civilized society there has to be something you can do legally. Getting an attorney involved and sending it certified might be just what you need to make them stop. Unless they want to spend lots of money fighting this legally which I am guessing no one wants to do...
This. I've found that an official letter from an attorney can be very effective at getting selfish people to stop their BS.
 

Gabbycat

Shiny_Rock
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257
We had similar neighbors, and I'm sure they were as bad if not worse. The dad was alcoholic (you could hear the drunken yelling), the kids I'm almost positive sold drugs as there were constantly different cars coming by their house, and they, of course, would neglect their poor dogs. Dogs plural because these poor dogs were like Kleenex; they would get a different one every year or couple of years, and who knows what happened to the dog before the next. The kids graffitied our shed, and one year one of them cut my peony buds and some rose buds before they were able to bloom. I actually cried about that because those peonies were my favorite, and as you know they only come around one time once a year and only for a short time. I was livid.

Well, besides all this they always left their dog du jour out all night. The barking and sleep deprivation drove me mad. I hate to admit it, but after asking nicely, then banging on their door (the dad was always passed out and never heard it), calling the police, and getting an automated bark-activated dog whistle didn't help, I seriously considered putting sleeping pills in a treat to give the dog. But I was always afraid something would backfire with it and they would have a reaction, and I would get arrested for killing someone else's dog. Not that I ever blamed the dogs, and I actually felt really sorry for them not getting the love and attention they deserve, but I was at my wit's end, and since I couldn't change my neighbors behavior it was a last resort in my head. I wasn't able to think straight from the sheer exhaustion.

So, long story short, I get your pain and stress. Even if all was well and I had fans running, etc. to where I didn't hear anything, the just anticipation of being woken up by barking would wake me up: Would tonight be a good night or bad night? Like phantom dog barks-- I thought I heard it even when there was nothing there.

We personally never found a good solution. Happily, that family ended up moving, so we ended up with about 2 peaceful years before we moved ourselves (they moved into their house 6 months after we did, so this went on about 14 years). We have better neighbors now, but legit there is some sort of PTSD from it because in our new place I thought we maybe were going to deal with something similar, and my anxiety went through the roof. I cried thinking "how it could be possible for it to happen twice?". No one deserves to go through it even once. No one can understand that particular personal hell unless you've been through it.

All this to say I feel your torture, and I wish I had better advice, but we couldn't solve it for ourselves. Sounds like you've been given some good suggestions here. We never considered a lawyer; we wouldn't have been able to afford one, and if the family called our bluff I think it would have been worse knowing they could get away with it. If I had it to do over I would have done the ear foam/noise cancelling headphones/white noise combo much earlier. I hope you are able to get a good solution and resolution to this issue.
 

Daisys and Diamonds

Ideal_Rock
Joined
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Messages
5,679
We had similar neighbors, and I'm sure they were as bad if not worse. The dad was alcoholic (you could hear the drunken yelling), the kids I'm almost positive sold drugs as there were constantly different cars coming by their house, and they, of course, would neglect their poor dogs. Dogs plural because these poor dogs were like Kleenex; they would get a different one every year or couple of years, and who knows what happened to the dog before the next. The kids graffitied our shed, and one year one of them cut my peony buds and some rose buds before they were able to bloom. I actually cried about that because those peonies were my favorite, and as you know they only come around one time once a year and only for a short time. I was livid.

Well, besides all this they always left their dog du jour out all night. The barking and sleep deprivation drove me mad. I hate to admit it, but after asking nicely, then banging on their door (the dad was always passed out and never heard it), calling the police, and getting an automated bark-activated dog whistle didn't help, I seriously considered putting sleeping pills in a treat to give the dog. But I was always afraid something would backfire with it and they would have a reaction, and I would get arrested for killing someone else's dog. Not that I ever blamed the dogs, and I actually felt really sorry for them not getting the love and attention they deserve, but I was at my wit's end, and since I couldn't change my neighbors behavior it was a last resort in my head. I wasn't able to think straight from the sheer exhaustion.

So, long story short, I get your pain and stress. Even if all was well and I had fans running, etc. to where I didn't hear anything, the just anticipation of being woken up by barking would wake me up: Would tonight be a good night or bad night? Like phantom dog barks-- I thought I heard it even when there was nothing there.

We personally never found a good solution. Happily, that family ended up moving, so we ended up with about 2 peaceful years before we moved ourselves (they moved into their house 6 months after we did, so this went on about 14 years). We have better neighbors now, but legit there is some sort of PTSD from it because in our new place I thought we maybe were going to deal with something similar, and my anxiety went through the roof. I cried thinking "how it could be possible for it to happen twice?". No one deserves to go through it even once. No one can understand that particular personal hell unless you've been through it.

All this to say I feel your torture, and I wish I had better advice, but we couldn't solve it for ourselves. Sounds like you've been given some good suggestions here. We never considered a lawyer; we wouldn't have been able to afford one, and if the family called our bluff I think it would have been worse knowing they could get away with it. If I had it to do over I would have done the ear foam/noise cancelling headphones/white noise combo much earlier. I hope you are able to get a good solution and resolution to this issue.
gee
this is so similar to our neighbours but thankfully they have a cat
our trees get smashed and the adolescent graffitied our garage
our fence also gets kicked and strange cars toot outside their house in the wee wee hours while she has told us some of the older 'kids' have addiction issues

when we moved in next door was empty
i feel so sorry for everyone with nosu5 neighbours
my eyes misted over when i read about your peonies :(2
 

Gabbycat

Shiny_Rock
Premium
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Nov 6, 2011
Messages
257
gee
this is so similar to our neighbours but thankfully they have a cat
our trees get smashed and the adolescent graffitied our garage
our fence also gets kicked and strange cars toot outside their house in the wee wee hours while she has told us some of the older 'kids' have addiction issues

when we moved in next door was empty
i feel so sorry for everyone with nosu5 neighbours
my eyes misted over when i read about your peonies :(2
Aw! Thank you. I actually didn't mean to turn the thread into something about me. I was truly hoping to let @Begonia know that I completely sympathize with her plight. Sounds like several of us here "get" it. And, yes, I still am mad about the peonies 10 years later. The only funny thing that came from it was that I had a friend who didn't know what had happened, and she drove up to my house with the scene of all these buds on the ground. After I explained it she joked, "I thought you were turning into Morticia Adams!". LoL
 

MamaBee

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Messages
7,732
I'm currently using 30db noise reduction spongey ear plugs. Once I'm awake, I can hear the dog thru the plugs (he's only 25 feet away). Hard to get back asleep once you hear whining and barking.

I'm not sure what a sports tracker is? I'll check it out. I had noise cancelling head phones and the above happened. Once woken, could hear the dog (or the loud party) through them. Then they got recalled :(

If i manage to not be woken up, the plugs sometimes work. Harder now with windows open, we don't have AC and my upper br gets very stuffy. Too stuffy to sleep with the window closed. Hubbie is considering some kind of ventilation, altho we can't afford a heat exchanger right now. If we could, we would put a drywall insert into that window, that could be removed daily.
@Begonia I’m so sorry you are going through this. My husband was a snorer..He uses a CPAP machine now so he doesn’t anymore. I had to sleep in another bedroom because he was so loud. He started sleeping downstairs on the other side of the house...but I could still hear him! A friend suggested getting a loud fan. You do have to get use to the noise of the fan but it worked! I got so use to the fan that I now sleep with the overhead fan on over my bed even in the winter. The fan I used was one I picked up at Costco. I think it was called The Tornado or Vornado..I have air conditioning but I used the fan with it...The other suggestion is to get a window air conditioner..It would drown out all the sound. Good luck!
 

GliderPoss

Ideal_Rock
Premium
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Sep 25, 2008
Messages
2,561
I feel for you truly, it's hell having noisy neighbours and somehow dogs randomly barking at night is one of the worst sounds to endure. I would definitely call the council rangers. Record the sounds on your phone with timestamp if possible as evidence. A loud fan, sleep with earphones playing rain/white noise all helps to drown it out. Failing that a solicitors letter?
 

Begonia

Ideal_Rock
Joined
Feb 2, 2011
Messages
2,042
@Begonia This situation sucks. I am so sorry :( They are very nasty people and their behavior unconscionable. What the heck is wrong with some people? Disgusting. Let me share a story that you might find helpful. I will preface it to say my DH is extremely sensitive to sound and noise and needs silence to fall asleep.

When I first met my DH he lived in Sheridan square in Greenwich Village across from the bars. An extremely noisy and lively area at all times of day but especially after 11PM into the early morning hours. Greg had a really good white noise generator that drowned out all the noise and he also slept with noise cancelling ear plugs. As I mentioned above he is super sensitive to noise and occasionally sleeps with ear plugs now due to me needing TV to fall asleep. But I digress. Maybe there is better noise cancelling ear plugs and a white noise machine that can allow you to fall asleep.

As for the dog that is animal abuse and is there any animal organization you can report them to? My heart goes out to that poor dog who is left outside 24/7. :(

My heart goes out to you dear @Begonia and if I lived near you I would march over to those neighbors and give them a piece of my mind. Yeah it probably wouldn't do any good but it would make me feel better. Seriously something wrong with those people.

And one more thought. What do they do for a living? When do they sleep? If you can figure out when they are sleeping perhaps fight fire with fire? I am not proud to suggest this but girl, you need your sleep and if nothing else works perhaps give them a taste of their own medicine. But of course only you know what you can get away with and I wouldn't want this to escalate to violence so if you think they are capable of anything like that ignore that advice. But I am furious for you and sleep is critical to well being so this has to be figured out so you can get to sleep.


Another thought. Do you have an attorney friend? Can you draft a letter and have the attorney help you and send it registered/certified (whatever the term is). Detailing the complaint and writing you will take action if they don't cease and desist with the noise in the middle of the night? There have to be laws against making so much noise at all hours of the night. And letting the dog bark all night. There has to be a legal avenue you can take. In a civilized society there has to be something you can do legally. Getting an attorney involved and sending it certified might be just what you need to make them stop. Unless they want to spend lots of money fighting this legally which I am guessing no one wants to do.

(((HUGS))) and lots of good vibes and good luck for peace and quiet being sent your way.
Those are all great ideas her @missy, thank you. To everyone else also, thank you, your ideas are all being carefully considered as my crisis brain settles down. I'm so thankful for everyone's support. Seriously, Thank. You.

I had a little more sleep last night. Hubbie took out the window mount AC unit, and I hung heavy quilts over the wondow (window closed). Then left the door open with a fan blowing in. I put another fan on and wore the earplugs. The alarm woke me up just fine :) The whole family went to bed early so as not to disturb me by walking around, watching telly, getting ready for bed. They'll do it again tonight and then I switch to evening shifts and they can stay up later.

My rage was intense. I understand how things could turn violent, with the sleep deprivation I was (and still am, but slightly better) was under.

I'll sleep on things a bit more, bc this won't work long term. If we could afford a heat pump for the whole top floor, that would be ideal. Hubbie is going to build an insulated insert for the window frame, so it will be boarded off. I'll get a white noise machine, and he's looking at ways to run some ducting into that bedroom to provide ventilation. He might put a window or 2 on the other wall that faces the front street. Thank God he is handy, you would not believe. Does the cars and the house himself. Put in hard wood floors thru the house, built the sweetest shed, painting, electrical, you name it. It's the only way we can afford a house.

So so disappointed in our police and noise bylaw officers. What a joke.
 

Begonia

Ideal_Rock
Joined
Feb 2, 2011
Messages
2,042
i miss the sound of the trains rolling past - well the electric trains not the big diesels
@Begonia i can relate with noisy neighbours but at least i don't have to get up go go to work at the moment
we had a couple of really loud parties a few weeks back - two houses away but on both sides
i found the council nose control very helpful at 2am

could you try animal control/ dog ranger regarding the barking ?

and @kenny how can you have the worst neighbours when i have the worst neighbours? :mrgreen2: - but you have my sympathies

someone on another thread a few weeks back and im sorry i can't remember who, told me about double tracked sound blocking curtains and im definatly going to go down this route
I did call an animal bylaw officer a few years back. Said the dog is clearly unhappy so he investigated. The guy talked his way out of it, and the bylaw officer was clearly happy to leave things as is. Seems they only tackle shocking abuse from what I can see. Thanks D and D, you da best girl.
 

Begonia

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I feel for you truly, it's hell having noisy neighbours and somehow dogs randomly barking at night is one of the worst sounds to endure. I would definitely call the council rangers. Record the sounds on your phone with timestamp if possible as evidence. A loud fan, sleep with earphones playing rain/white noise all helps to drown it out. Failing that a solicitors letter?
You [email protected] right! I'm getting a recording device. I have some on my phone but I'll get more, with some kind of camera. Thanks GP!
 

Begonia

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Aw! Thank you. I actually didn't mean to turn the thread into something about me. I was truly hoping to let @Begonia know that I completely sympathize with her plight. Sounds like several of us here "get" it. And, yes, I still am mad about the peonies 10 years later. The only funny thing that came from it was that I had a friend who didn't know what had happened, and she drove up to my house with the scene of all these buds on the ground. After I explained it she joked, "I thought you were turning into Morticia Adams!". LoL
Oh I get your rage. You nailed it with the anticipatory stress of waiting for the noise to start. I already have insomnia + shift work to mess up my ability to sleep. This is making things much much worse. Your whole post resonated. Man, did it ever!
 

Begonia

Ideal_Rock
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Feb 2, 2011
Messages
2,042
@Begonia I’m so sorry you are going through this. My husband was a snorer..He uses a CPAP machine now so he doesn’t anymore. I had to sleep in another bedroom because he was so loud. He started sleeping downstairs on the other side of the house...but I could still hear him! A friend suggested getting a loud fan. You do have to get use to the noise of the fan but it worked! I got so use to the fan that I now sleep with the overhead fan on over my bed even in the winter. The fan I used was one I picked up at Costco. I think it was called The Tornado or Vornado..I have air conditioning but I used the fan with it...The other suggestion is to get a window air conditioner..It would drown out all the sound. Good luck!
Mine snores too. OMG, one night I thought about strangling him, getting a good night's sleep and fessing up in the am! Now we predominantly sleep in separate bedrooms. It has to be. He won't get any serious help for the snoring, and I need to not kill him from lack of sleep. Whew. Thanks for writing in.
 

MamaBee

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Mine snores too. OMG, one night I thought about strangling him, getting a good night's sleep and fessing up in the am! Now we predominantly sleep in separate bedrooms. It has to be. He won't get any serious help for the snoring, and I need to not kill him from lack of sleep. Whew. Thanks for writing in.
It took him a long time to get it checked out. He has to sleep in a recliner so he sleeps in his office. We need our sleep!
 

Daisys and Diamonds

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I did call an animal bylaw officer a few years back. Said the dog is clearly unhappy so he investigated. The guy talked his way out of it, and the bylaw officer was clearly happy to leave things as is. Seems they only tackle shocking abuse from what I can see. Thanks D and D, you da best girl.
that's Begonia
add me to the list of people who also feel sorry for the dog
 

Daisys and Diamonds

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Mine snores too. OMG, one night I thought about strangling him, getting a good night's sleep and fessing up in the am! Now we predominantly sleep in separate bedrooms. It has to be. He won't get any serious help for the snoring, and I need to not kill him from lack of sleep. Whew. Thanks for writing in.
:(2 Tibby and i sleep in one room (Tibby also snores and dribbles ) and Gary sleeps in the master
:(2
 

Daisys and Diamonds

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I did call an animal bylaw officer a few years back. Said the dog is clearly unhappy so he investigated. The guy talked his way out of it, and the bylaw officer was clearly happy to leave things as is. Seems they only tackle shocking abuse from what I can see. Thanks D and D, you da best girl.
might be sorry tryinh again as they may have different personal working now
your hubby sounds awsome
 

missy

Super_Ideal_Rock
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38,457
Those are all great ideas her @missy, thank you. To everyone else also, thank you, your ideas are all being carefully considered as my crisis brain settles down. I'm so thankful for everyone's support. Seriously, Thank. You.

I had a little more sleep last night. Hubbie took out the window mount AC unit, and I hung heavy quilts over the wondow (window closed). Then left the door open with a fan blowing in. I put another fan on and wore the earplugs. The alarm woke me up just fine :) The whole family went to bed early so as not to disturb me by walking around, watching telly, getting ready for bed. They'll do it again tonight and then I switch to evening shifts and they can stay up later.

My rage was intense. I understand how things could turn violent, with the sleep deprivation I was (and still am, but slightly better) was under.

I'll sleep on things a bit more, bc this won't work long term. If we could afford a heat pump for the whole top floor, that would be ideal. Hubbie is going to build an insulated insert for the window frame, so it will be boarded off. I'll get a white noise machine, and he's looking at ways to run some ducting into that bedroom to provide ventilation. He might put a window or 2 on the other wall that faces the front street. Thank God he is handy, you would not believe. Does the cars and the house himself. Put in hard wood floors thru the house, built the sweetest shed, painting, electrical, you name it. It's the only way we can afford a house.

So so disappointed in our police and noise bylaw officers. What a joke.
I am so sorry and I agree. Law enforcement agents can be just a waste of time and energy. My good friend R is dealing with noisy neighbors at his apartment building and he too cannot get satisfaction from anyone in charge.

Sending you lots of good luck vibes and sleeping dust and big but gentle (((hugs))).
 

chemgirl

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It sounds like you have solutions!

Just came here to say we use a white noise app on the iPad and it’s great for drowning things out. I started using it when I lived in a dorm, but now it’s great for neighbours and street noise.

Where I live, bylaw only considers noise to be excessive if it’s between 11 pm and 7 am. Dogs must be barking continuously for hours to be considered a nuisance. So I’ve never bothered actually asking neighbours to be quiet since the noise is considered reasonable (even the ones who blared terrible music until 10:30 pm).

The white noise app makes a big difference.
 

rainydaze

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This sounds utterly miserable Begonia. I feel rage when I don't get proper sleep, but I can hang on because I know it's temporary. I cannot begin to imagine how you must feel knowing there's no foreseeable end to this madness.

This may be way off base, and illegal, but is there any way for you to make a dog house on your property (against your house so he feels connected, or in a garage or the shed?), with a comfy bed, food and water, and a way to sneak into your yard at night to use them? I imagine the dog wants to be inside with his humans, so this may not be enough. However, there's a chance that a warm place to sleep and the feeling of security might help the dog to settle. If they don't notice his barking and whining, and/or (obviously) don't care, they may not notice if he stops and/or that he's not in their yard.

If it's at all possible to talk to them, maybe they'd even be open to this idea of you setting up a place for the dog to sleep so he stops barking and keeping you up. Then they don't have to lift a finger or do anything differently (so how could they object?), your problem is partially solved, and the dog is happier.
 
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lyra

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If it's just too hot, do consider the rolling a/c unit that vents out the window with a plastic panel. It's so quiet in our bedroom now, but when even just the fan is on in the unit, you can't hear anything outside because the vent doesn't let sound come in. Plus the wonderful cool air if you need it. Most nights I don't need the actual a/c, just the fan because I've used the a/c part leading up to bedtime. Or have it on a/c all night so there's little phasing. It's a fairly inexpensive option. I think ours was $300 for our room size. I wish we'd got the larger one because I love cold air.
 

lyra

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OMG I love cockatiels so much! Maybe I'll have another some day. They can be pretty loud though, lol. She looks hilarious.
 

Begonia

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OMG I love cockatiels so much! Maybe I'll have another some day. They can be pretty loud though, lol. She looks hilarious.
She's a bona fide nut. Keeps us laughing alright. Laid an egg yesterday and trying to hatch it (no fella, so it's a dud).
 
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