If you are a tenant and a victim of noise nuisance, what can you do to hope for an improvement in the situation? To what extent can your landlord be held responsible for the inconveniences you suffer? Can or should you turn against him, against the person responsible for the noise nuisance – and how to proceed? Discover everything you need to know about noise nuisances as a tenant of an apartment or a house.
When Can We Talk About Noise Nuisance?
In Luxembourg, several measures define what constitutes a noise nuisance and the penalties that can be applied. For example, the Penal Code provides for a fine of 25 to 250 euros imposed on persons responsible for noise, and more specifically, nighttime disturbances.
According to Article 544 of the Civil Code, “ownership is the right to enjoy and dispose of things, provided that one does not use them in a way prohibited by laws and regulations and does not cause a disturbance exceeding the normal inconveniences of the neighborhood, disrupting the balance between equivalent rights.” This rule clearly explains that when you live in a dwelling, you are free to enjoy it as long as your activities do not disturb those of others.
Then, in various municipalities, additional regulations protect the tranquility of residents both day and night. Generally, the penalties provided can apply to several types of noise nuisances: gardening, DIY, loud music, shouting, or repetitive noises.
Various municipalities have additional regulations to protect the tranquility of residents both day and night.
Beyond the Penal Code and municipal regulations, case law sometimes helps us determine when noise nuisance can be considered and when compensation can be demanded. For example, tolerance thresholds are often set for different noises. Thus, you are allowed to do DIY or gardening, but not just any day and at any time. In some time slots, devices with noisy motors, such as lawnmowers, may be prohibited in your city.
I am a Tenant, What Can I Do in Case of Noise Nuisance?
Attempt an Amicable Negotiation
Firstly, when faced with a noise nuisance, the ideal is always to find an amicable arrangement with the responsible person(s). Engage in dialogue and try to find common ground: generally, those responsible for noise nuisances are the first to be sorry for disturbing you… And readily accept a compromise so that all neighbors can coexist as peacefully as possible.
Inform the Landlord
If you cannot find common ground, you can escalate the issue to your landlord. He is indeed required to provide you with a dwelling you can enjoy in peace… which is not the case if you are truly suffering from noise nuisances. The landlord can raise your complaint with the property management or see with you what can be done in terms of renovation work.
If you cannot find common ground, you can escalate the issue to your landlord.
Noise nuisances do not always come from a disrespectful neighbor. They can also come from a malfunctioning ventilation system or insufficient acoustic insulation. In this case, it is up to the landlord to find solutions for you to occupy your dwelling in peace.
Contact Mediators and Police Services as a Last Resort
Mediation services exist and can help you if you have difficulty asserting your rights to resolve this noise nuisance issue as fairly as possible. In parallel, for nuisances caused by individuals, you can notify the police, who will be able to fine those responsible.
The person causing the nuisance can be summoned before a justice of the peace or a police court, and the procedure can lead to the payment of damages if the extent of your suffered damage warrants it.
