My neighbour keeps bothering me, what can I do about it?
March 6, 2024 | 40,00 EUR | answered by Ludwig Kuhn
Dear lawyer,
I am reaching out to you in the hope of getting help regarding a problem with my neighbor. For some time now, my neighbor has been disturbing me with loud music, nighttime noise, and inappropriate behavior. I have already tried to talk to him about it, but the situation has not improved.
The current situation is very distressing for me, as it prevents me from getting any rest and significantly affects my well-being. I am worried about my health and quality of life, as I am no longer able to relax at home.
What legal steps can I take to address my neighbor's disruptive behavior? Are there any opportunities to find a mutual solution, or do I need to take legal action? How can I protect myself from further harassment and safeguard my rights as a tenant?
I thank you in advance for your support and look forward to your professional assessment and advice.
Sincerely,
Otto Ratzberg
Dear Mr. Ratzberg,
Thank you for your inquiry regarding the disruptive behavior of your neighbor. I am sorry to hear that you are suffering from this situation and that it is affecting your well-being. As a lawyer specializing in rental law, I can show you some legal steps you can take to address your neighbor's behavior.
Firstly, you should check if your rental agreement contains provisions regarding noise disturbance or harassment by neighbors. Rental agreements often include clauses prohibiting disruptive behavior by neighbors and providing ways to terminate the tenancy if these clauses are not adhered to.
If your rental agreement does not have such provisions, you can refer to § 535 BGB, which obliges the landlord to grant the tenant the contractual use of the rented property. This means that the landlord is obligated to ensure that you, as a tenant, are protected from harassment by neighbors.
In your case, you should first inform your landlord about the situation and give them the opportunity to take action against the disruptive neighbor. The landlord can issue a warning or even obtain an immediate termination of the disruptive neighbor's tenancy.
If the landlord does not take action or the situation does not improve, you can also take legal action yourself. You can file an injunction against the disruptive neighbor or call the police if it involves nighttime disturbances.
I recommend keeping a "diary of disturbances" in which you record all incidents with dates and times. These records can serve as evidence in case of a legal dispute.
Finally, I would like to emphasize that it is always advisable to first seek an amicable solution with the disruptive neighbor. A clear conversation or mediation by the landlord can often work wonders. However, if this does not lead to the desired outcome, you have the legal steps mentioned above at your disposal.
I hope my explanations help you and wish you success in resolving your issue.
Best regards,
Ludwig Kuhn
Lawyer specializing in rental law
