Legal assistance with neighborhood noise nuisance

Questioner

best, I am experiencing loud walking noises from my upstairs neighbor. I can hear everything that falls, it seems. My upstairs neighbors have laminate flooring with what I think is a bad subfloor or none at all. The caretaker came by but was not allowed to look under his floor. Neighborhood mediation also came to nothing because either I or my neighbors could not and finally we could, my neighbors told me on the day we had that appointment. What do you advise me now? I am about to start a lawsuit here, but do I have a chance and what preparatory work can I do? I have kept a log of the extreme walking noises for the past 2 months, but it is daily when they are home

Questioner

Or is there another way to force them to take a look under their floor and what I already know for sure is that it does not meet the 10 db subfloor and then force them to have a good subfloor that reduces the noise of them but especially their child who often runs back and forth. Our rental agreement states that laminate is allowed provided there is a good subfloor and I assume a subfloor that reduces 10db which is in the legal standard.

Lawyer

The most important thing is that you have as much information as possible about the complaints. You can then address the housing association or start a substantive procedure at the court. In addition, summary proceedings are also possible, in case of urgent interest. For further information, you may contact me directly, if desired. PS. Our apologies for the very late response.

Questioner

we are now a few months further and it turns out that my neighbors have linoleum without subfloor. The caretaker has seen this. The next problem: my neighbors say that there is no need for a subfloor and they refuse to do this. the housing association sent an expert to them but they did not let my neighbors in because they did not like him. The caretaker listened to the walking sounds and does not find it a nuisance and is part of living in an apartment according to him. The caretaker was in my house for 2 minutes but I experience those walking sounds every day all day long and certainly experience it as a nuisance. what else can I provide as proof and is it still wise to take legal action?

Lawyer

What you could do is to apply for rent compensation for loss of living pleasure. Living in an apartment naturally involves 'living noises' and that is an acceptance, but it should not become the dominant factor in daily living. Listening to the caretaker is a band-aid on a sore wound and does not amount to action. The most important thing is what is stated in the housing regulations about nuisance and noise pollution. Usually the 10 dB limit is a fact. But a sound-absorbing subfloor is also usually a requirement. If it suits you, you can send me a copy of the regulations for inspection.