Can I sue my neighbor for injunction if he makes noise constantly?
June 18, 2023 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
I am reaching out to you as I urgently need legal advice regarding my neighbor. My name is Maria Rothammer and I live in a multi-family house where there have been constant noise disturbances from my neighbor for some time now. This neighbor is causing loud noises both during the day and at night, which significantly affect me and cause me sleep problems.
The situation has worsened significantly in the past few weeks, and despite multiple requests from me to reduce the noise level, my neighbor has shown no understanding. I feel strongly limited in my quality of life because of this and I wonder if I can take legal action against my neighbor.
My concern is that this inappropriate noise will continue in the future and I will not find peace. Therefore, I would like to know from you if it is possible to sue my neighbor for cessation and what steps I would need to take for this. Are there specific requirements that need to be met in order to legally address the noise disturbance?
I would greatly appreciate your professional assessment and possible solutions to quickly resolve this burdensome situation. Thank you in advance for your help.
Sincerely,
Maria Rothammer
Dear Mrs. Rothammer,
Thank you for your inquiry and your trust in my legal expertise. I am sorry to hear that you are suffering from constant noise disturbances from your neighbor, leading to sleep problems. Noise disturbances from neighbors are unfortunately a common problem that affects many people. It is important for you to know that you have legal options to address these disturbances.
In your case, it would be possible to take legal action against your neighbor to sue for a cease and desist order. The right to peace and relaxation is one of the fundamental rights of every tenant and owner. In Germany, the Civil Code (BGB) regulates the issue of noise disturbances by neighbors in sections 1004, 906, as well as the house rules and the state immission control act.
To sue your neighbor for a cease and desist order, certain requirements must be met. First, it is important that you can prove that the noise actually comes from your neighbor and that this noise exceeds the normal level and is therefore deemed unreasonable. It may be helpful to keep a noise log, where you record the exact times and types of noise.
Furthermore, you should first try to have a conversation with your neighbor and politely but firmly point out the noise disturbances again. If this does not lead to the desired result, I recommend contacting a mediator or arbitration body to reach an out-of-court settlement.
If all these measures are unsuccessful, you can hire a lawyer to file a cease and desist action against your neighbor. In such a procedure, the court will assess whether the noise disturbances are indeed unreasonable and whether your neighbor is obliged to reduce the noise.
I hope that my explanations will help you and that you can find a solution to your problem. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Hans Krüger, Attorney
