Quarrel among tenants: neighbors in Essen feel disturbed by the music of a singing teacher. The public order office has also intervened.
A music teacher in Essen has an argument with his neighbors: Usually is Ergin Hamdi a man of fine tones and harmony. But since the 27-year-old rented an apartment in Essen-Frohnhausen to teach there, other tenants of the house have felt annoyed by the noise.
The accusation: noise pollution. The public order office was on site twice, at the first appointment there were no abnormalities, at the second there were. The police were also there twice and had nothing to complain about. But one after anonther:
When Ergin Hamdi rented the apartment in March, he was still full of euphoria: “So far, I’ve been teaching in my private apartment nearby.” For four years – and there were never any complaints. “But I wanted to reposition myself and offer my customers a more professional atmosphere.”
Neighbor complained about noise even before the start of the singing class
Ergin Hamdi, a Bulgarian who has lived and worked in Essen since 2013, had the apartment on Leipziger Strasse renovated. Ceiling, walls, floors – everything is new. There was also space for an office corner and a kitchenette. “Transporting the piano was also expensive,” says Hamdi, who invested almost 10,000 euros in his future. But it is now at stake.
The tenant dispute began during the renovation when he was not even teaching. And this, although Hamdi had previously discussed everything with his landlord and had this anchored in the lease. “The practice times were also set there so that I wouldn’t disturb anyone during the lunch break or in the evening.” He always adhered to these times.
The security service found no noise on the first visit
In May, when lessons had just started, the public order office received an anonymous report. The municipal security service found no noise pollution. The traffic noises on the nearby main road are significantly louder than the class. “You have to listen carefully to hear a piano there, I was told,” said Hamdi. So he tried to talk to him and invited his neighbors twice. “But there it was said ‘We could talk, but this won’t do anything’.”
Instead, the neighbors wrote a long noise log. The landlord (name of the editors known) can only partially understand the allegations, especially since only one senior couple complained, no one else. “The couple lived here when I took over the house over 40 years ago. He doesn’t want to take sides in a fight between the neighbors.
The allegations are also not entirely unjustified. When the security service recently made an audio sample in the neighbors’ apartment, it was confirmed that there was considerable noise pollution. “The person concerned was only instructed,” says city spokeswoman Jasmin Trilling on request. In the event of repetition, there is a risk of a fine of 120 euros. “But the public order office is not aware of any further complaints.”
Knocking noises from the neighboring apartment disrupt the class
Meanwhile, the tenant dispute continues: Hamdi can now hear more and more knocking noises from the apartment above him, which disrupt the class. “I recently had to cancel some appointments,” he says. He sent a list of these incidents to the landlord. With the request to ensure the peace of the house.
But the fronts are hardened. When asked by this editorial team, the neighbors were not prepared to comment. Now they are suing the landlord because he rented the apartment to the singing teacher. The landlord is exasperated: “Now a judge has to decide whether Mr. Hamdi can stay or not. “I don’t know my way around, but I finally want to have peace in the house again.” How the legal dispute ends is open. The agreement with the landlord is of little help to Ergin Hamdi: “In general, legal requirements must also be adhered to when specifying private-law regulations,” explains Jasmin Trilling.
According to the building regulations office, building approval is still pending
And further: “After consultation with the building authority, a building permit is required if the apartment is used exclusively for commercial lessons. This is currently not available. ”However, this problem can be solved by a corresponding application for a change of use. But that’s probably only a matter of form and happens quickly.
It is still open whether Ergin Hamdi will apply for this approval. “Because of the tenant dispute, I currently only give online lessons in my private apartment. But my Christmas business is broken because I couldn’t close any new orders. ”He still wants to wait, hopes for a clarification discussion between all those involved, but is already thinking of terminating the contract if necessary. “I can’t work like this.”
André Juffern, Managing Director of the NRW Tenants’ Association, shows understanding: “If a tenant dispute lasts for several months, it usually only ends when one of the parties gives in. And that usually means moving out. ”In this Essen case, it has not yet come to that.
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