Rooming loud music from below, hours of hammering from above, screaming children in the yard and the dog in the attic barking constantly - not every noise nuisance has to be tolerated. This guide shows what help is possible if neighbors disturb the peace.
What is disturbing the peace?
Disturbment of the peace or noise nuisance occurs when there is a volume that can be perceived as annoying or unreasonable and, in extreme cases, even has harmful consequences for the he alth of those affected.
It may even be an administrative offense that is worthy of a fine according to the law. However, not all noise and noise is directly classified as disturbing the peace. Decisive factors are:
- Art
- Duration
- Intensity
- Times
- Preventability
During quiet times from 10 p.m. to 6 a.m. or 7 a.m. as well as on Sundays and public holidays, the room volume must be maintained. Noises caused in the apartment should therefore hardly or not at all be noticeable to the neighbors. However, there is no legally prescribed decibel value for this room volume.
Note:
Quiet times including midday rest are often explained in more detail in the rental agreement. Tenants who do not comply can be warned by the landlord.
Legal basis
In§117 Law on Administrative Offenses (OWiG) it is recorded what the definition of disturbances of the peace is. However, the description is vague. Therefore, decisions are often made on a case-by-case basis and, if necessary, have to be made in court.
Exceptions
The following noises, among others, are excluded from the disturbance:
- Screaming and crying of infants or young children
- Game sounds
- nighttime bathing or showering, if kept for a short time
- unavoidable noises even during rest times
The exceptions are very limited. Children have the largest and most generous exceptions. Even if, for example, they cry or trample through the apartment during quiet times, neighbors usually have to accept this.
Procedure in case of disturbance of the peace
If you repeatedly feel that your peace and quiet are disturbed by your neighbors and are bothered by noise, there are various options available. In our guide to disturbing the peace by neighbors, we show you which steps really make sense and when which measures are recommended.
Find a conversation
Neighbors are often not aware of how loud their noises can be heard in other apartments. Sound insulation, construction, lifestyle and your own sensitivity play crucial roles.
For example, if you like to listen to loud music in the evening to relax, you may not be aware that this means your neighbor won't get to sleep - but will have to get up at 5 a.m.
Tip:
Aggressiveness is not a good guide when the peace is disturbed. Try to point out the matter calmly and objectively. A friendly request or an invitation to your own home for demonstration purposes can help.
Keep noise log
If the peace and quiet are frequently disturbed, a noise log should be kept for several weeks. Please note:
- Type of sound
- Intensity / Volume
- Time and duration
For example, does the neighbor's dog bark continuously for an hour every day or does someone keep vacuuming at midnight? This information belongs in the noise report, which can be presented to the landlord, the property management or even a lawyer and the tenant protection association.
Tip:
Simply download our free sample noise report.
Contact administration
If the direct conversation does not bring about any change, the property management can be contacted. This can inform the tenant responsible for the disturbance of the situation. If noise nuisance continues, two options are available.
On the one hand, a review can take place. If the neighbor behaves normally, sticks to quiet times and is considerate, a lack of sound insulation or structural defects could be responsible. In this case, a rent reduction is possible.
If the noisy neighbor continues to not adhere to quiet times, a warning or even termination without notice may follow.
Inform the public order office
The public order office is a good point of contact parallel to the rental if there are neighbors in the house or in the wider neighborhood.
If this determines an administrative offense, according to OWiG §117, fines of up to 5,000 euroscan be imposed for the trigger.
Inform the police
Does someone throw firecrackers from the balcony outside of New Year's Eve, do people across the street scream at each other for hours, or does the loud party continue at 3 a.m. despite repeated requests? If it is an acute and extreme disturbance of the peace, the police should be called. The officials record the personal details of those responsible so that entries are already on file for the public order office or the landlord to be contacted.
Consult tenant protection association and lawyer
If you are seeking a rent reduction due to disturbing the peace, you should first contact the Tenant Protection Association and a lawyer specializing in tenancy law to advise you. This makes the right approach and the chances of success clear in each individual case. This saves time and nerves. The annual membership fee for the Tenant Protection Association is between 50 and 90 euros and can even include rental legal protection insurance.
Note:
Please note that the costs for a lawyer are usually significantly higher. However, since a rent reduction of around ten percent on average is possible, this step is still worthwhile in many cases.
Frequently asked questions
How do I detect disturbance of the peace?
A noise report is already a good basis. You can also use a sound level meter or phonometer or a corresponding app to accurately determine the noise level and record the values in decibels. Checks by the public order office are also possible.
Are there exceptions to the rest periods?
There are exceptions on New Year's Eve and for babies and small children. Special circumstances also apply when moving. However, the rest times still apply for birthdays and parties.
What is considered disturbing the peace?
Persistent and loud noises during rest periods are considered noise nuisance, with few exceptions. This can include escalating arguments, power drills, music, garden tools and even persistent sex noises.
Can disturbing the peace lead to a rent reduction?
Yes, this is possible and doesn't just apply to neighbors. For example, if a system in the basement is clearly audible on the ground floor and causes unpleasant loud noises, the quality of living can also be reduced. This is a clear reason for reducing the rent.
