Berlin Regional Court, 05/09/2016, Ref.: 67 S 41/16
Tenants often use their own four walls as a place of retreat and peace and quiet. However, this peace and quiet can be severely disturbed. It is well known that children can be loud and put a considerable strain on the neighbours' nerves with their shouting, stomping and loud playing. In most cases, however, this is not a reason to reduce the rent.
The running, stamping, rumbling and roaring of small children is in any case in line with their development, the Berlin Regional Court ruled. Neighbours must therefore live with such noises. This applies in particular if they live in a publicly subsidised residential building with flats suitable for families.
Noise nuisance from neighbours: tenant sues for rent reduction
The case in question concerned the plaintiff, a tenant of a ground floor flat, who felt considerably disturbed by the noise in the flat above her. Since a family with children had moved in, her peace and quiet had been severely impaired. Not only the jumping and banging of the children had disturbed her, but also the loud arguments between the parents had led to a significant noise nuisance.
Claim: rent reduction and noise abatement
Due to this situation, the plaintiff demanded a repayment of 9,000 euros from the landlord for allegedly overpaying the rent, as she claimed a rent reduction. She also demanded that the noise nuisance caused by the family above her be eliminated. Until the problem was resolved, the plaintiff planned to reduce her rent by 50 per cent.
Judgement of the Berlin Regional Court: Noise within the socially acceptable range
However, the Berlin Regional Court ruled against the plaintiff. In the court's opinion, the noise caused by the family was within the socially acceptable range. Particularly in view of the fact that it was subsidised housing, the tenant had to expect families to move in and the associated noise from children.
Source: Berlin Regional Court
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