Sound level meter against noisy neighbors?
August 28, 2013 | 30,00 EUR | answered by Jan Wilking
I live in a rental building with over 40 individual apartments. The building is poorly soundproofed. My neighbor, whose apartment door is only about 2 meters away from mine, has the habit of always slamming his door loudly. Since he often comes home late at night (sometimes after 3 am), I have been woken up several times because of this. A long time ago, when I was still friends with him, I once closed his apartment door. It is really difficult to close, so he tends to slam it shut with force.
My questions:
1.) What legal options do I have to address this issue? Trying to have a conversation with him is pointless, as he just dismisses me as being oversensitive.
2.) In stores, there are sound level meters available that have the ability to record data and analyze it on a computer. Are these meters admissible as evidence for nighttime disturbances? Finding a witness for the disturbance may be difficult, as the other tenants in the hallway live much further away from my loud neighbor than I do. Therefore, the noise from the slamming door at night is not nearly as loud for them as it is for me.
3.) Is my neighbor's landlord legally obligated to repair his apartment door if a fellow tenant is disturbed in their night's rest by the loud slamming of the door?
Dear inquirer,
I am happy to respond to your inquiry taking into consideration the facts you have provided and your situation as follows:
1. Assuming there is indeed a significant noise disturbance, as a tenant you can also assert claims against the perpetrator (Sections 862, 907, 1004 of the German Civil Code) and, if necessary, enforce them in court through an action for injunction. If your landlord is also the landlord of the neighboring apartment, you can also claim a reduction in rent.
2. Yes, these recordings can be used as evidence in court (preferably in conjunction with a detailed noise log).
3. The defense claims mentioned in point 1 are directed against the perpetrator. If the landlord did not have the door repaired despite knowing about the difficulty in closing it, thus causing the need for the tenant to slam it loudly, they can be obliged to take noise-reducing measures (e.g. repairing the door).
It is advisable to first inform all relevant parties (your landlord, the landlord of the neighboring apartment, neighbors) in writing about the noise disturbance and request both neighbors and the landlord of the neighbor to address the issue. At the same time, you should keep a detailed noise log (possibly using a sound level meter), in case a judicial claim becomes necessary.
I hope this provides you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that without knowledge of all circumstances, I cannot provide a final recommendation in this initial consultation. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the matter with them after reviewing all documents.
Best regards.
