Can I sue my neighbor for noise pollution?
October 7, 2022 | 50,00 EUR | answered by Piotr Gehrmann
Dear Sir or Madam,
I am writing to you today as I urgently need legal advice regarding noise disturbance caused by my neighbor. My name is Quentin Stolzheim and I live in a multi-family house where there have been increasing disturbances due to loud noises from my neighbor.
The noise disturbance mainly occurs in the evenings and at night, significantly affecting my sleep and restricting my quality of life. My neighbor regularly hosts loud parties where loud music is played until the early hours of the morning. Despite several friendly requests to lower the noise level, the situation has not improved.
I have tried to have a conversation with my neighbor and reach an agreement, but without success. Therefore, I am wondering if there are legal steps I can take against my neighbor to end the noise disturbance. Is there a possibility to sue my neighbor for noise pollution and what legal steps would I need to take for this?
I would greatly appreciate it if you could provide me with information on how to proceed in this situation and whether there are realistic chances of success in getting my neighbor to quiet down. I am very desperate and urgently seeking a solution to my problem.
Thank you in advance for your help.
Sincerely,
Quentin Stolzheim
Dear Mr. Stolzheim,
Thank you for your inquiry regarding the noise disturbance caused by your neighbor. Noise pollution is a common problem in multi-family buildings and can lead to significant reductions in quality of life. It is important that you do not feel alone in this situation and know what legal steps you can take to improve the situation.
First and foremost, I would like to point out that the legal situation regarding noise pollution in Germany is very clear. According to § 117 OWiG (Law on Administrative Offenses), it is prohibited to disturb the night-time rest from 10 pm to 6 am and the midday rest from 1 pm to 3 pm with noise. This means that your neighbor is violating the law by hosting loud parties during the night hours and you can take legal action.
To address the noise pollution legally, I recommend that you first keep a noise log. Record all instances of noise disturbance, including the date, time, and type of noise. This log serves as evidence of the disturbances and can be used in court as proof of the disturbance.
I also recommend that you contact your landlord. As a tenant, you have the right to a quiet and undisturbed use of your apartment. Your landlord is obligated to address disturbances caused by other tenants. Inform them about the situation and ask for assistance in resolving the conflict.
If the conversation with the landlord does not lead to a solution, you can also take legal action against your neighbor. You have the option to file a restraining order against your neighbor for disturbing the peace. I recommend seeking the assistance of a lawyer who can support you in this process.
In most cases, attempts are made to reach an out-of-court settlement in such situations. If this is not possible, the case will be brought to court and a judgment will be made. Depending on the severity of the noise pollution, your neighbor may be subject to fines or penalties.
I hope that this information is helpful to you and supports you in your situation. Please do not hesitate to contact me if you have any further questions or need legal assistance.
Sincerely,
Piotr Gehrmann
