Hello, wanted to ask for some help. Recently got complaint from the new neighbours under our apartment. Short story is that we have been living here for almost 4 years, had good relations with last neighbours, no complains. We are young family with small kid (4 years old with suspect ASD). The new neighbour are here since last year, and 1 month in they wrote first complaint about noise. Basically saying that our kid is loud, but it was from 06:00-22:00. But according to law kindergeräusche at reasonable volume is allowed. We still try to discipline our kid and teach him to be quieter. Last week got our second complaint about noise. This time with dates/time and reason. One of the reason was that we have used vacuum cleaner from 22:00-22:40, which sounds absolutely insane, who cleans small apartment for 40min. Other was that we make loud noise (Möbelrücken at 05:00). During weekdays I get up after 05:00 to get ready for work, but i try to be as quiet as possible. Additionally the neighbours basically don’t work. They have 2 year old kid. Mother is in Elternzeit and father is disabled (PTSD and was in mental hospital according to another neighbour). I feel like their dates/times are completely made up. We already talked with them. That the walls and floors are thin. We also hear everything they do. I understand that it is louder coming from above, but people need to understand when people live in Mehrfamilienhaus. I already talked to my Vermieter about the situation, but should I also write back to my Vermieter?

by ripaaa

13 comments

  2. Write back that the times dont match with any activity and that 4 “Lärmprotokol” entries with such gaps with no additional proof are not even remotly enough. Especially if not once the police have been called for ruhestörung.

    In addition i would make my own protocol and attach it to your awnser complaining about them.

  3. That’s the sort of thing a Mieterverein has experience with, since this situation should be handled delicatly and not with lawyers and strongly worded letters if it can be avoided.

  4. I’d like to point out one thing, which is important for your response.

    Whatever your response is, don’t write/explain it in the same way as you wrote here. In particular, it looks you avoided stating whether the accusations are actually true. You mentioned that using the vacuum cleaner between 22:00 to 22:40 is “insane”, but not whether you actually did this. You also did not mention whether you actually moved furniture at these times or not but that you *feel* that the times are made up.

    For a German, not stating “no” clearly when your response looks like you are contesting the accusations sounds very suspicious. Why would you every avoid saying a clear “no” when this is the most precise way to communicate your intentions? From a German perspective, not saying “no” is close to saying “well, I actually did this”.

  6. If you know you didn’t cause this i would object to the Vermieter, disputing everything in there and call out the false accusations. Word it like “i’m suspecting this letter isn’t meant for me and the issue lies elsewhere, those ~~accusations~~ instances don’t match my timeline” or something similar.

    If you don’t dispute the vermieter might collect a few letters and then threaten you with a kündigung or something. If you object you can still hold your position of innocence.

    I’m suspecting they’re accusing you because they don’t know who it is and are looking for someone to blame.

    Edit: i didn’t mean to write accusations, instances is a more accurate word

  7. People like this dont deserve to live. Imagine hearing a small sound because ANOTHER PERSON MERELY EXISTS and you immediately start to complain. If you cant handle the slightest downsides that come with living in an apartment, go buy or a rent a house. If you cant afford that, go cry somewhere else about having too high standards for your shitty life. Its like buying a car for 500€ because youre poor and complaining about it being too slow. Disgusting and unhumane.

  8. Any chance you are moving kitchen chairs around (aka using them) in the mornings when you are getting ready? Without felt pads that sound can mimic “moving furniture”. It’s sometimes WAY louder for your neighbours than yourself.

    In my experience, both sides can be right with their claims at the same time. Normal behaviour vs. perceived loud noises. Sometimes it’s the smallest things that make the most noise and one wouldn’t even consider it.

  9. *”Basically saying that our kid is loud, but it was from 06:00-22:00. But according to law kindergeräusche at reasonable volume is allowed.”*

    **Reasonable volume** does not mean that you can make noise however you want, and time of day also matters. You can even be evicted because of children’s noise.

    *”Additionally the neighbours basically don’t work.”*

    None of your business.

    *”people need to understand when people live in Mehrfamilienhaus”*

    **That’s why you received the letter.**

  11. We had the same problem, it is due to the fact we have no “Trittschalldämmung” under our Laminat. So we had to get a singel thick carpet and silent house shoes. It doesn’t matter that the former neighbor had no complain, he could have hearing problems or simple did not care.
    Ask your landlord if there is a Trittschall on the floor, if the answer is no, or maby, get a carpet and inform the landlord about it, so he knows you are trying. Childrens noise has to be endured in normal hours and as long as you don’t let them over do it, like having 10 kids rinnibg arround.
    Some people are more sensitive thsn others, thats a renters life.

  12. Wir haben auch abendliche Möbelrücker, Tänzer (Elefanten) und Türenknaller auf dem Flur.

    Ich hab keine Ahnung was diese Leute wirklich machen oder denken.

  13. If someone was running their hoover for 40 minutes, or shuffling furniture around for a whole hour, I’d be concerned. I’m surprised they didn’t call the police about a noise disturbance already after 20–30 minutes if these cases were true.

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