Rent reduction - disturbance caused by noise
Noise is perceived highly subjectively. Sounds that disturb one person are barely noticed by another. Whether the noise around a rented property qualifies as a nuisance therefore always depends on the individual case. Courts generally decide on the basis of how a hypothetical average person would perceive the noise. Guideline and limit values are used for this purpose, but they only form part of the overall assessment. Even if these values are exceeded, there is no guarantee that a court will find a noise nuisance.
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Noise you have to tolerate
There are many sources of noise that tenants have to tolerate and that therefore do not give rise to a claim for a rent reduction. If, for example, a tenant moves into a flat on a main road or above a restaurant, they cannot claim a rent reduction for the resulting noise, because they knew about these noise sources when they signed the tenancy agreement. Likewise, so-called "socially adequate" noise is not a ground for reducing the rent. Courts define socially adequate noise as noise that is part of a functioning, vibrant society and therefore cannot be prohibited. This includes children playing or places of worship such as churches and mosques.
Causes of noise
Besides the causes already mentioned, there are many other sources of noise, for example:
- Construction work
- Traffic
- Commercial businesses
- Neighbours having parties
- Noise from building installations such as heating pipes, lifts or underground car parks
If the source of noise is typical for the area, was known when you moved in or is socially adequate, it does not constitute a ground for a rent reduction. However, if the noise first arises during the tenancy, a claim for a reduction may arise. The amount of the reduction depends on the individual case and is assessed differently by local courts. It is therefore always advisable to have your specific case reviewed.
What to do about noise disturbance
- As with all defects, the noise disturbance must be reported to the landlord "without undue delay". This gives the landlord the opportunity to remove the cause of the noise.
- If a tenant feels disturbed by noise, they must first demonstrate that a disturbance actually exists, for example by documenting at what times what kind of noise occurs. Although this noise log says nothing about the intensity of the noise, it gives the court a starting point for gathering evidence. A noise measurement during the documented periods can therefore help to assess the intensity of the disturbance.
- In addition, witnesses can be called, whose statements the courts can take into account in reaching their decision.