What is and is not permitted at certain times is clearly regulated by law by the municipalities and cities. Violations of the regulations are subject to fines.
The most important things at a glance
After a hard day’s work or at night, many want one thing above all: rest. However, not every neighbor takes this into consideration. This can quickly lead to a conflict between the parties.
Disturbance: Often a reason for trouble with the neighbors
Disturbances of the peace in particular are always a reason for neighbors to clash. If a clarifying conversation does not help, it may make sense to involve the police or the public order office. In rented apartments, you can hold your landlord responsible if your neighbors continue to disturb the peace.
At these times there must be calm
Not everything that you subjectively perceive as a disturbance of the peace can also be legally prosecuted. Mainly during the day you have to accept many sources of noise.
There are usually regulations on night rest in the house rules, which all tenants must adhere to. The local rest periods also apply. These often say: There must be silence between 10 p.m. and 6 a.m. If your neighbor still celebrates way too loudly or has turned the stereo system up to max, you can report him for disturbing the peace. You have the option of calling the police, who will then ask the neighbors to stop disturbing the peace. Alternatively, you can file a noise report with the public order office.
Rent reduction due to disturbance of the peace
If you are a tenant and suffer from disturbances, you can also expect your landlord to take care of the misbehavior of your neighbors. You have rented an apartment from him in which you would like to live undisturbed. If the quality of living is reduced due to disturbances, you can ask the landlord to eliminate the causes. For example, he would have to take the tenants who are causing the disturbance to task and bring about a change in behavior here. If the landlord does not take action or is unsuccessful, you can threaten him with a rent reduction.
civil law options
In addition to possible reports to the police and public order office, you also have the option of taking civil action against your neighbors. If the disturbance persists, ask them to sign a “cease and desist letter.” The neighbors undertake to pay a contractual penalty in the event of further disturbances. If you don’t sign, you can go to court.
It is best to consult a lawyer first. However, before you even resort to such measures, always seek a direct conversation first.
A report to the public order office for noise pollution requires the following data:
- the name of the polluter,
- the type of noise pollution,
- the date,
- the time of day,
- the duration of the noise pollution and
- Names and addresses of possible witnesses.
It is important that you document the disturbance in detail.
However, before you report noise pollution, you should know that it will not be anonymised. The person who caused the noise will therefore find out who made the ad. He also has the opportunity to comment on the allegation. The public order office then decides whether a fine will be imposed.
Overview: rest periods at weekends
A Saturday is considered a working day unless it is a public holiday. As a rule, the same rest times apply on this day as during the week: between 10 p.m. and 6 a.m. or 7 a.m. there is night rest.
There are no separate rest periods.
The rest periods apply to the entire Sunday.
On public holidays, the rest periods apply throughout the day.
These penalties apply if the rest periods are violated
Noise pollution or disturbance of the peace is not a trivial offence. If this disturbs neighbors, for example, it is an administrative offense that will be punished accordingly. As soon as the volume exceeds 40 dB (room volume), this can lead to a complaint about noise pollution. Some courts already decide for the plaintiff at a volume of 30 dB.
A fine can be imposed for disturbance of the peace and noise. This varies depending on the federal state and the type of disturbance. Violation of the natural quiet times between 10 p.m. and 6 a.m. and on Sundays and public holidays can result in noise pollution or a disturbance of the peace being punished with a fine of up to 5,000 euros if tenants violate the quiet times specified in the rental agreement or the house rules – or even the Afternoon rest – in the worst case, they are threatened with dismissal. However, if the violation only occurs once, a warning may be issued.
