Noise Nuisance – When Your Neighbor Won't Give You a Break

Whether it's pets, loud music, or vacuuming—there are many different types of noise disturbances, and they often lead to disagreements among neighbors. We've put together this guide to help you understand what actually constitutes a noise disturbance and what steps you can take.

The law imposes different penalties on those who cause noise. Noisy children or babies, for example, must generally be tolerated by neighbors. However, this is subject to the condition that parents remind their children not to make noise during quiet hours. Neighbors may bring this to their attention within these parameters. Similarly, a dog’s barking is not considered a disturbance of the peace—not even during quiet hours. Continuous barking, however, is considered a violation. Anyone who wants to listen to music must keep the volume at a reasonable level at all times. Practicing musical instruments, on the other hand, is permitted on weekdays for up to three hours until 10 p.m., and for a maximum of two hours at other times. The situation is different for power drills and vacuum cleaners, which may only be used outside of quiet hours. In particular, drilling during quiet hours can result in heavy fines from 5,000 euros—and on Sundays and holidays, even up to 50,000 euros.

First, it makes sense to speak with the neighbor in question. To convince them of how loud the noise is, invite them into your apartment. If an amicable agreement cannot be reached, the next step is to contact the property management company. However, before notifying them, it may be helpful to keep a log of when the noise occurs. The log should include detailed information on the date, time, and duration of the noise. It should also describe the type of noise involved. It’s also recommended to list witnesses in the log who can confirm the noise with their signatures, such as other neighbors, friends, and visitors. In general, you should keep such a record for a few weeks so that, if necessary, you have sufficient data to support your complaint. If the neighbor in question does not respond to the property management’s instructions, you can also contact the police or the public order office in cases of acute noise disturbances; they may impose fines if necessary. If these measures prove unsuccessful, you can file a complaint for noise pollution. It’s important to note that witness statements may also be required as evidence. This is the case, for example, when a complaint is filed with the public order office. Another option is to file a lawsuit in civil court. In this case, the neighbor will be required to pay contractual penalties for repeated disturbances of the peace.

As a general rule, the quality of life must not be diminished. First, the landlord must be given the opportunity to resolve the problem—for example, by issuing a warning. However, if the landlord is unable to find a permanent solution, the tenant is permitted to reduce the rent on a pro-rata basis. The amount of the reduction depends, among other things, on the duration, location, and volume of the noise disturbance.

If the noise disturbance from the neighbor nevertheless persists, the landlord is permitted to terminate the lease. Here, too, a written report must be submitted.