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