What can I do if my neighbor constantly parties too loudly and disturbs my peace?
January 15, 2023 | 50,00 EUR | answered by Gerda Dietrich
Dear lawyer,
I am reaching out to you as I urgently need advice and assistance regarding a problem with my neighbor. My name is Emma Jung and I live in a multi-family house where my neighbor regularly hosts loud parties that significantly disrupt my peace and well-being.
The situation has become unbearable as the parties often last late into the night and are accompanied by loud music, shouting, and noise. I have tried to speak with my neighbor several times and asked for consideration, but without success. The property management office has also been informed, but they were unable to find a solution.
I am very concerned about my health and well-being as the constant noise is affecting my sleep pattern and also impacting my work. I feel powerless and do not know what steps I can take to end this nuisance.
Therefore, I would like to ask you what legal options are available to me to take action against my neighbor and put an end to the disturbance. Are there any legal steps I can take to protect my interests and ensure peace and order in my residential building? I would greatly appreciate your support and professional advice on this matter.
Sincerely,
Emma Jung
Dear Mrs. Jung,
Thank you for your message and your trust in my legal expertise. I am sorry to hear that you are suffering from the ongoing noise disturbance caused by your neighbor and have already tried unsuccessfully to find a solution. I would be happy to assist you in this matter and show you the legal options available to you to address the harassment.
First and foremost, I want to emphasize that noise disturbances, such as those you are experiencing from your neighbor's loud parties, legally constitute a violation of your right to undisturbed possession. Every tenant has the right to peace and order in their apartment and in the common areas of a multi-family building. If this right is violated by constant noise disturbances, you can take legal action to address it.
First, you should check your lease agreement to see if there are provisions regarding quiet hours and noise disturbances. Often, specific regulations are set out regarding when loud activities are prohibited and how tenants should act in case of noise disturbances. If your neighbor violates these regulations, you can first warn them in writing and ask them to change their behavior.
If this does not bring about improvement, you can contact the local police or the regulatory authority and file a noise disturbance report. Authorities are obligated to take action in such cases and investigate the noise. In cases of repeated violations of quiet hours, fines can be imposed to compel the troublemaker to comply.
Additionally, you also have the option to apply for a temporary injunction against your neighbor at the competent district court to immediately stop the parties and noise. This measure can quickly and effectively provide relief and help you return to undisturbed living.
I hope that my explanations are helpful to you and support you in your fight against noise disturbance. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Gerda Dietrich
