Your neighbor above only moves in heels in his apartment? The couple who just moved in next to your house like to party until the end of the night? The dog of the family below barks every night? In the face of these nuisances, find out what your rights are and the best way to promote them without getting angry with your neighbors.
What The Law Says
Neighborhood noise is one of the most common annoyances. When they are repetitive, intensive or lasting over time, causing an abnormal neighborhood disturbance.
The noise can be caused by:
There are also olfactory nuisances (for example, if your neighbor leaves his bins on the landing), visual (if the family next door bought a huge parasol that encroaches on your balcony) or more general, such as the deterioration of common areas or non-respect of the property code (if the owner of the ground floor has annexed a part of the yard for his personal use for example).
If the noise takes place at night ( between 10 pm and 7 am), it is a night time offense, even if your neighbors only have one party a year, or the party ends at midnight. Noise does not have to be repetitive, intensive or lasting in time to constitute an offense. Everything depends then on the tolerance of each one.
First, Try To Resolve The Problem Amicably
See your noisy neighbor as the first step. Expose the situation calmly. Try to stick to the facts objectively, without making a direct charge.
Maybe your neighbor does not realize the embarrassment he causes. If he is conciliatory, he will naturally make efforts.
Otherwise, you can send him a simple mail and, if the inconvenience persists, a registered letter with acknowledgment of receipt. To put more pressure, you can also post a message in the lobby of your building, which will be visible to all occupants or circulate a petition. Often, the noisy neighbor does not bother you: do not hesitate to join forces to encourage him to change his behavior!
If the troublemaker is a tenant, you can also contact the owner. His responsibility may also be engaged: he must ensure that his tenant adopts a respectful attitude.
Appeal To The Trustee Or A Conciliator
If your amicable steps do not work or if your neighbor is still embarrassing, inform your lessor or your trustee if you are a co-owner. Check the rules as it may limit or prohibit certain noises or installations (for example, a barbecue on a balcony). In this case, they will be the ones who will enforce this regulation.
If necessary, you can also use a mediator. For this, contact the Justice House or the Right of Access Point (PAD) closest to you.
In Which Situations To Contact The Police?
In the event of a night roar, you can call the police or the gendarmerie if the author of the disturbances continues to make loud, repeated or long noses. Rush to the police station closest to your home to place a handrail or a complaint. The penalty incurred by your neighbor to whom the facts of night row are charged a fine of 450$ maximum.
How To Get Redress?
If despite all your efforts, nothing changes or you wish to obtain damages as a result of the inconvenience, you can go to court.
To build your file, it is essential to gather as much evidence as possible: copy of the letters sent, testimonies from neighbors, petitions, medical certificates (attesting, for example, of your state of exhaustion due to repeated inconveniences).…Read More
The security deposit, often mistakenly called “surety,” is a central point in the tenant-owner relationship. How is it fixed? For what reasons can the lessor refuse to return it? Explanations.
What Is The Security Deposit?
When the lease of an apartment or house is signed, the security deposit is paid by the tenant to the landlord who owns the property. The lessor may deduct from the security deposit the sums due as a result of:
Even if requested, the deposit is not required. The rental agreement must provide it.
A Sum Capped
To Set The Amount Of The Deposit, It Is Necessary To Distinguish The Types Of Housing:
This two-month limit also applies to non-contracted HLM dwellings whose rent is payable at the end of the month as well as to non-social housing units (APL).
On the other hand, the security deposit cannot be requested when the rent is payable in advance and for a duration exceeding two months.
Help For Tenants
Paying the security deposit is a significant expense that usually accumulates with other costs: agency fees for searching the property, a month’s rent in advance often requested, moving expenses (truck rental or movers) and usually some purchases to arrange your new home.
Restitution Or Not Of The Deposit
The departure of the dwelling is the other hinge period. It is time to take stock of any payment arrears and the condition of the accommodation.
For the full refund of the deposit, the owner has one month after the handing over of the keys if the inventory of places of exit conforms with the list of homes of entry.
On the other hand, if the inventory of places of exit does not conform to the list of homes of entry, the maximum time is increased to two months. Similarly, in the case of a co-ownership, the owner can take 20% of the deposit and wait until the annual regularization of charges by the trustee is made.
Rules To Respect
Any deductions that the owner may make on the security deposit must be justified. They can correspond to the expenses incurred to rehabilitate the housing, with as proof the specifications, the invoices of renovation companies or the report of the bailiff.
Only repairs caused by obsolescence “resulting from the time or normal use of materials and equipment” cannot be retained.
If the deposit is returned partially or totally, this can be done by hand or by registered letter (to the new address of the tenant).
In case of delay during the return, interest may be applied. And if there is litigation and no conciliation is successful, the case may be brought before the local judge or the court of the instance for amounts higher than 4 000$.