Music can be loud
Noise pollution from music and bass
FAQ: Noise pollution from music
The rest periods usually result from the house rules. You can read here which periods are usually set.
Hobby musicians should also show consideration for their neighbors in order to avoid anger due to possible noise pollution. So it is important to keep the rest times. In addition, it can be useful to communicate with the neighbors and, if necessary, set fixed times for practicing together.
As a tenant, you can contact your landlord in such a case. In the event of an unreasonable disturbance of the peace, the law provides, among other things, the possibility of a rent reduction. For this, however, a noise log usually has to be drawn up in advance.
Music is like medicine for the ears. It has a relaxing effect. But sometimes their influence is rather annoying. If the neighbor listens to loud music, this can be very stressful in the long run, as can the disturbance of the peace caused by the bass.
Often disturbing noise is caused by loud music Disputes between neighborsthat sometimes too in court be carried out.
Where several people live together in a small space, a certain level of noise cannot be avoided. To a certain extent, this background noise must also be accepted. Because a noiseless use of your own four walls is hardly possible.
House rules & disturbance of the peace by music
Unavoidable noise and noises of normal life are to be accepted, yet:
Everyone has that Law, in his apartment without being affected by annoying noises to live"
says Ulrich Ropertz from the German Tenants' Association (DMB). Because of this, are Tenants and neighbors are obliged to show mutual consideration.
To protect against noise, landlords write in their House rule usually certain rest periods before. The following rest periods are common:
- night rest from 10:00 p.m. to 6:00 a.m.
- Noon rest from 1 p.m. to 3 p.m.
- All-day rest on Sundays and public holidays
During these times, noises are only in Room volume allowed because tenant a particular need for rest during this time to have.
The lessor is responsible for setting these times. The house rules are usually handed over when the contract is concluded and are even part of the contract. Tenantthat are set out in the house rules Failure to observe rest periods, act in breach of contract.
But tenants also have to show consideration for each other outside of these times. It is true that every television, stereo system and similar sound equipment can in principle use around the clock.
There are no time limit on when the neighbor can listen to music. However, he always has to Room volume adhere to.
This means that noises from stereo systems, televisions and similar sound reproduction devices not or only insignificantly heard from the neighbors may be. Consequently posed Loud music from neighbors also disturbs the peace during the day represent.
Loud music as disturbance of the peace & pollution control
Most of them too Immission control laws of the individual federal states protect against this type of noise. Usually these laws contain the following provisions:
- Protection of Night's rest from 10 p.m.
- all-day protection of the rest of the day on Sundays and public holidays
- Use of sound reproduction devices and musical instruments provided that this will result in neighbors and residents not significantly disturbed become
Party noise and too loud music
Time and again, tenants claim that they have the right to party loudly once a year or monthly. This myth persists. However, it lacks any legal basis. Tenants also have to show consideration for their neighbors at celebrations and parties and from 10:00 p.m. generally keep the night's rest.
The Düsseldorf Higher Regional Court even expressly ruled that it no right give that Not having to pay attention to sleep once a month.
Rather, the disturbance of the night's sleep during a party even justifies that Imposition of a fine (OLG Düsseldorf, decision of January 15, 1990, Az. 5 Ss (OWi) 475/89 - (OWi) 197/89 I).
The Music disturbs the neighbor's peace during a party and other associated noise nuisances pose a Administrative offense represent.
In the case that had to be decided by the Düsseldorf Higher Regional Court, the noisy and partying neighbor violated the night's sleep prescribed in Section 9 (1) of the State Immission Control Act of North Rhine-Westphalia (LImschG NRW).
Disturbance from drums
Also Hobby musicians need to be considerate on their neighbors to take and especially the Adhere to rest periods. The Munich Regional Court ruled as follows on the issue of disturbing the peace caused by drums (LG Munich I, judgment of November 13, 2014, Az. 15 S 7629/13):
Basically, that's what counts Making music to Exercise of the general right of personality. This is constitutionally protected. For this reason, making music cannot be completely prohibited, even if it is associated with disturbances of the peace. So be it also socially customary beyond the room volume and therefore permissible, if outside of the rest periods is played.
On the other hand, that too Other tenants' need for rest and relaxation is generally protected.
But because the room volume is significantly exceeded with a drum kit, a must be entered here tight time frame be plugged.
Musicians are therefore only allowed to play outside of the rest times and only a maximum of 30 minutes a day.
The Federal Court of Justice (BGH) has in its judgment of October 26, 2018 (Ref .: VZR 143/17) defined new specifications. So professional and hobby musicians have to comply with the rules applicable in the respective federal state Midday and night rest times hold. In addition, the BGH defines music-making Guideline values. These are pending Working days at two to three hours as well as on Sundays and public holidays at one to two hours.
Neighbor listens to loud music: tenant's rights
The unreasonable disturbance of the peace by neighbors and their music is considered Lack of rent. Neighbors can contact the landlord in the event of noise nuisance and in particular the following rights and claims apply:
- Rent reduction
- Claim that the landlord for the Ending the noise nuisance cares
- The tenant is allowed to Terminate the apartment without noticewhen the strong noise from the neighbors the The tenant's health is threatened, Section 569 (1) of the German Civil Code (BGB).
- Date and Time (Start and end of the noise)
- description the disturbance of the peace (type, description of the sound, e.g. shrill, howling, bass)
- volume (Audibility in the apartment, need to close the windows)
- Effects of Noise (e.g. trouble sleeping, waking up, difficulty concentrating while reading and working)
- Possible Witnesses
The Cause of the noise nuisance however, must be with a Warning from the landlord and possibly also with a termination calculate.
When examining and enforcing your claims, you can e.g. B. a tenancy lawyer can help.(164 Ratings, average: 3,91 of 5)
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