Information on complaints about noise

In principle, we always ask you to address disagreements with other tenants directly and without detours and to solve them together. In most cases, a solution can be found, even for perceived noise nuisances, through mutual consideration and direct discussions.

Should a solution not be successful in this way, we are of course available as a contact partner. However, should a lawsuit be filed against the noise polluter, certain rules of the game and formal requirements must be observed.

A common problem with noise nuisance proceedings is that residents’ complaints are unfortunately often generic and/or lack dates and times. What is required, however, is a concrete account of violations of domestic peace (such as disturbances of the peace, threats, insults or other harassment) with details of dates and times. It is important that general complaints are not reported (“constantly disturbs”, “is very loud, even at night”, “can no longer sleep”, “insulted/threatened…”, etc.). “etc.), but rather specific incidents are described. The courts require what is called a “substantiated” showing something like the following (made-up examples):

,,On … Resident X celebrated a party. From around 9:00 p.m., the music was turned up far above room volume. The party did not end until around 3:00 a.m./morning. Afterwards, the guests could be heard staggering through the stairwell in a drunken state, singing and smashing beer bottles in the courtyard …. “

Insults/threats must be reproduced in the wording. Blanket statements or the indication that it was “very loud” are not sufficient; it is necessary to describe the noises in more detail, such as “very loud talking”, “loud treading on the floor” or “loud slamming of doors”. Only then is it possible for us to take action against disturbances of the peace and other nuisances.

Please allow us to point out that, especially in apartment buildings, case law describes the sounds of children playing as “natural behavior” (laughing, crying, screaming … ). This local custom is not based on what neighbors may find desirable, but in fact on the elementary needs of children.

In order for us to be able to present our case to the court in this specific manner, we ask you, in your own interest, to prepare a diary-like list of the individual violations and to send it to us at regular intervals (1. Date; 2. time/duration; 3. nature and cause of the nuisance, details if any (see above); 4. indication of witnesses: name, surname, address).

You can use the noise log form to document these disturbances.